MICHAEL ROSE PRODUCTIONS v. LOEW'S INCORPORATED


141 F.Supp. 257 (1956)

MICHAEL ROSE PRODUCTIONS, Inc., Plaintiff, v. LOEW'S INCORPORATED, Paramount Film Distributing Corporation, Twentieth Century Fox Film Corporation, R.K.O. Radio Pictures, Inc., Warner Bros. Pictures Distributing Corporation, Universal Film Exchanges, Inc., Columbia Pictures Corporation and United Artists Corporation, Defendants.

United States District Court S. D. New York.

March 19, 1956.


Attorney(s) appearing for the Case

Aaron E. Koota and Irving Perlin, New York City, for plaintiff. Francis T. Anderson, Philadelphia, Pa., of counsel.

Simpson, Thacher & Bartlett, New York City, for defendants other than Columbia Pictures Corp.

Schwartz & Frohlich, New York City, for defendant Columbia Pictures Corp.


HERLANDS, District Judge.

This motion by defendants, so far as it seeks summary judgment, raises two questions:

(1) Does the evidence submitted by plaintiff to explain and avoid its general release, which is pleaded as a defense by defendants to the present action, raise any genuine issue of fact?

(2) If there is no question as to the binding effect of the release, which had been executed in favor of two of the present defendants, does it inure to...

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