NATIONAL COMICS PUBLICATIONS v. FAWCETT PUBLICATIONS

No. 197, Docket 21832.

191 F.2d 594 (1951)

NATIONAL COMICS PUBLICATIONS, Inc. v. FAWCETT PUBLICATIONS, Inc. et al.

United States Court of Appeals Second Circuit.

Decided August 30, 1951.


Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin & Krim, New York City (Louis Nizer, Walter S. Beck, Paul Martinson, and Seymour Shainswit, all of New York City, of counsel), for plaintiff-appellant.

Wallace H. Martin, and DeWitt, Van Aken & Nast, all of New York City, Macdonald DeWitt, Harry H. Van Aken, Marion L. Severn, Robert Bonynge, all of New York City (Nims, Verdi & Martin, New York City, of counsel), for defendant Fawcett Publications, Inc.

Meyer H. Lavenstein, New York City (Theodore R. Black, Charles E. Oberle, New York City, of counsel), for the Republic defendants-appellees.

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


L. HAND, Circuit Judge.

The plaintiff appeals from a judgment, dismissing after trial its complaint against Fawcett Publications, Inc., and Republic Pictures Corporation — together with its affiliate, Republic Productions, Inc. — in an action based upon the infringement of its copyrights. The appeal of the Fawcett Company is from that part of the judgment which denied it any allowance for its attorneys' fees. The "opinion and decision" of the district...

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