MACHATY v. ASTRA PICTURES

Nos. 180-181, Docket 22249-22250.

197 F.2d 138 (1952)

MACHATY v. ASTRA PICTURES, Inc. et al. ASTRA PICTURES, Inc. v. EUREKA PRODUCTIONS, Inc.

United States Court of Appeals Second Circuit.

Decided March 28, 1952.


Attorney(s) appearing for the Case

Henry Pearlman, New York City, for appellant Machaty in his suit against Astra Pictures, Inc.; also for defendants-appellants in the case of Astra v. Eureka.

Melvin A. Albert, New York City, for Astra Pictures in the suit of Machaty v. Astra Pictures, Inc.; also for Astra Pictures in the suit of Astra Pictures, Inc. v. Eureka.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.


FRANK, Circuit Judge.

The essential facts are the same in both cases; for that reason, the cases were consolidated on appeal. We will first recount the variegated history of "Ecstasy," and later discuss separately the rights of the parties in the two suits.

Gustav Machaty, then a Czechoslovakian citizen, wrote, directed and produced in 1931 and 1932 a film, familiar to American movie audiences as "Ecstasy."1 Machaty contracted...

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