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RING v. SPINA

No. 230.

148 F.2d 647 (1945)

RING v. SPINA et al.

Circuit Court of Appeals, Second Circuit.

Rehearing Denied April 19, 1945.

Attorney(s) appearing for the Case

Carl E. Ring, of New York City (Ring & Murray, of New York City, on the brief), for plaintiff-appellant.

Philip Wittenberg, of New York City (Wittenberg, Carrington & Farnsworth, of New York City, on the brief), for defendants-appellees Spina, Heyman, Hannan, and Pauker.

Jonas J. Shapiro, of New York City (Greenbaum, Wolff & Ernst, Sidney R. Fleisher, and Monroe R. Lazere, all of New York City, on the brief), for defendant-appellee The Authors' League of America, Inc., sued herein as The Dramatists' Guild of the Authors' League of America, Inc.

Before EVANS and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This is an appeal from an order of the District Court vacating a temporary injunction and denying a motion for such injunction pending trial in an action for treble damages under the Sherman Act, as amended, 15 U.S.C.A. § 15, and for other relief. Defendants Spina, Heyman, and Hannan are authors of a theatrical production called "Stovepipe Hat." The other defendants are Pauker, agent of these authors, and The Dramatists' Guild of the Authors...

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