PLOTKIN v. NATIONAL COMICS PUBLICATIONS

No. 30, Docket 22997.

217 F.2d 332 (1954)

Philip PLOTKIN, Plaintiff-Appellant, v. NATIONAL COMICS PUBLICATIONS, Inc., Wayne Boring, Columbia Pictures Corporation and RKO Theatres Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 26, 1954.


Attorney(s) appearing for the Case

Gustave B. Garfield, New York City (Charles Trynin, New York City, on the brief), for plaintiff-appellant.

Abraham I. Menin, New York City (Menin & Herzog and Asa S. Herzog, New York City, on the brief), for defendant-appellee National Comics Publications, Inc.

Arthur H. Schwartz, New York City (Schwartz & Frohlich, Herbert P. Jacoby, and Stuart G. Schwartz, New York City, on the brief), for defendants-appellees Columbia Pictures Corp. and RKO Theatres Corp.

Before CLARK, Chief Judge, and FRANK and HARLAN, Circuit Judges.


PER CURIAM.

Plaintiff challenges the dismissal of his suit for infringement of his copyrighted comics character, Atoman, and for misuse of confidential information relating thereto. Judge Ryan's finding that plaintiff's conception, Atoman, was neither original nor infringed by defendant's independently produced movie, Atom Man v. Superman, is supported by substantial evidence, Darrell v. Joe Morris Music Co., 2 Cir., 113 F.2d 80,...

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