Attorney(s) appearing for the Case
Phillips, Nizer, Benjamin & Krim, New York City, Louis Nizer, Paul Martinson and Bernard Segelin, all of New York City, of counsel, for appellant.
Arthur E. Garmaize, New York City, for appellee.
Before L. HAND, Chief Judge, and SWAN and FRANK, Circuit Judges.
United States Court of Appeals Second Circuit.
SWAN, Circuit Judge.
This is a suit for a declaratory judgment with respect to motion picture rights in the copyrighted opera "Madame Butterfly," the renewal copyright of which is owned solely by the plaintiff. Federal jurisdiction is claimed on diversity of citizenship, the plaintiff being a partnership composed of Italian citizens and the defendant a New York corporation. After answer, both parties moved for summary judgment upon the pleadings, affidavits and exhibits...
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