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SZEKELY v. EAGLE LION FILMS

No. 146, Docket 24199.

242 F.2d 266 (1957)

John SZEKELY, also known professionally as John Pen, Plaintiff-Appellee, v. EAGLE LION FILMS, Inc., Defendant-Appellant, and General Film Distributors, Ltd.; J. Arthur Rank, Rod Geiger and Nat Bronsten, Defendants.

United States Court of Appeals Second Circuit.

Decided March 19, 1957.

Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin & Krim, New York City (Louis Nizer, Walter S. Beck, Seymour Shainswit, New York City, of counsel), for defendant-appellant.

Fitelson & Mayers, New York City (Benjamin Aslan, Harold J. Sherman, New York City, Howard Gotbetter, Brooklyn, N. Y., of counsel), for plaintiff-appellee.

Before CLARK, Chief Judge, MEDINA, Circuit Judge, and SMITH, District Judge.

J. JOSEPH SMITH, District Judge.

In 1937 Pietro di Donato wrote a short story, which he later developed into a novel entitled "Christ in Concrete." The novel was published by Bobbs-Merrill and copyrighted in 1937 and 1939. Subsequently Rod E. Geiger Productions, Inc. acquired from di Donato an exclusive license to produce a motion picture based on his novel. To exploit this license Geiger Productions contracted with the appellee, Szekely, also known as John Pen, a...

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