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REPUBLIC PICTURES CORP. v. SECURITY-FIRST NAT. BANK

No. 13044.

197 F.2d 767 (1952)

REPUBLIC PICTURES CORP. v. SECURITY-FIRST NAT. BANK OF LOS ANGELES.

United States Court of Appeals, Ninth Circuit.

June 11, 1952.

Attorney(s) appearing for the Case

Loeb and Loeb, Herman F. Selvin, Saul N. Rittenberg, Harry L. Gershon, Los Angeles, Cal., for appellant.

Louis E. Swarts, Los Angeles, Cal. (Pacht, Tannenbaum & Ross, Stuart L. Kadison, Los Angeles, Cal., of counsel), for appellee.

Samuel B. Stewart, Jr., San Francisco, Cal., Hugo A. Steinmeyer, Robert Van Buskirk and Robert H. Fabian, Los Angeles, Cal., Joseph S. Dubin, Universal City, Cal., amicus curiae for Bank of America Nat. Trust & Savings Assn.

Before STEPHENS, HEALY and GOODRICH (sitting by designation), Circuit Judges.

GOODRICH, Circuit Judge:

This case presents a single but legally and commercially important issue. The question to be decided is whether a federal court has jurisdiction to foreclose a mortgage on a copyright. The district judge in a thoroughly considered opinion, 97 F.Supp. 360, came to the conclusion that the answer was yes. We disagree with his result. But we certainly agree that the question is neither free from difficulty...

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