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LOEW'S INCORPORATED v. COLUMBIA BROADCASTING SYSTEM

No. 15602.

131 F.Supp. 165 (1955)

LOEW'S INCORPORATED, a corporation and Patrick Hamilton, Plaintiffs, v. COLUMBIA BROADCASTING SYSTEM, Inc., a corporation, et al., Defendants.

United States District Court S. D. California, Central Division.

May 6, 1955.

Attorney(s) appearing for the Case

Loeb & Loeb, Los Angeles, Cal., Allen E. Susman, Harry L. Gershon, Herman F. Selvin, Los Angeles, Cal., for plaintiffs.

Wright, Wright, Green & Wright, Los Angeles, Cal., Richard M. Goldwater, Los Angeles, Cal., for defendant, Jack Benny.

O'Melveny & Myers, Los Angeles, Cal., Homer I. Mitchell, W. B. Carman, Ernest M. Clark, Jr., Los Angeles, Cal., for defendants, Columbia Broadcasting System, Inc., and American Tobacco Co.

JAMES M. CARTER, District Judge.

This is an action for infringement of copyright pursuant to Title 28 U.S.C.A. § 1338(a) and Title 17 U.S.C.A. Ch. 2, §§ 101 to 116. A cause of action for unfair competition has been joined pursuant to Title 28, § 1338(b). Plaintiffs have waived damages and seek only an injunction.

The case presents novel questions in the law of literary property and is a case of first impression. It presents a major issue...

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