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WELLS v. UNIVERSAL PICTURES CO.

No. 171, Docket 20867.

166 F.2d 690 (1948)

WELLS v. UNIVERSAL PICTURES CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

March 16, 1948.

Attorney(s) appearing for the Case

Archibald Palmer, of New York City (Samuel Masia, of New York City, of counsel), for appellant.

Boudin, Cohn and Glickstein, of New York City (Louis B. Boudin and Daniel W. Meyer, both of New York City, of counsel), for Joseph F. Palladino, appellee.

Julian T. Abeles and J. Robert Rubin, both of New York City (Julian T. Abeles, Arnold J. Bernstein, and Samuel D. Cohen, all of New York City, of counsel), for other appellees.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

SWAN, Circuit Judge.

The present action is based upon the plaintiff's common law rights of literary property in a comedy sketch entitled "Flugel Street," of which he was the author. The complaint charges the four corporate defendants and the individual defendants Abbott and Costello with infringing his rights by using the sketch without his consent in a motion picture entitled "This Is The Life." This picture was produced by Universal Pictures Company, Inc., distributed...

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