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ETTORE v. PHILCO TELEVISION BROADCASTING CORPORATION

No. 11503.

229 F.2d 481 (1956)

Albert ETTORE, Appellant, v. PHILCO TELEVISION BROADCASTING CORPORATION, Clayton, Inc. & Chesebrough Manufacturing Company, Consolidated.

United States Court of Appeals Third Circuit.

Decided January 17, 1956.

Rehearing Denied March 3, 1956.

Attorney(s) appearing for the Case

Harold E. Kohn, Philadelphia, Pa. (Aaron M. Fine, Dilworth, Paxson, Kalish & Green, Philadelphia, Pa., on the brief), for appellant.

Herbert A. Barton, Oscar Brown, Philadelphia, Pa. (Swartz, Campbell & Henry, Philadelphia, Pa., Godfrey Julian Jaffe, New York City, on the brief), for appellees.

Paul D. O'Brien, New York City (O'Brien, Driscoll & Raftery, Fennelly, Eagan, Nagee & Lage, New York City, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., on the brief), for amici curiae.

Before BIGGS, Chief Judge, HASTIE, Circuit Judge, and WILLSON, District Judge.

BIGGS, Chief Judge.

On this appeal we find ourselves within that forest ruefully referred to by Judge Goodrich in Leverton v. Curtis Pub. Co., 3 Cir., 1951, 192 F.2d 974, 975. The forest in this case, however, is only four states deep.

The plaintiff, Ettore, met Joe Louis in a boxing contest or fight in Philadelphia in 1936 and was knocked down in the first and fourth rounds and out in the fifth. Motion pictures were taken...

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