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SUNSET SEC. CO. v. COWARD McCANN, INC.

Docket No. L.A. 23823.

47 Cal.2d 907 (1957)

306 P.2d 777

SUNSET SECURITIES COMPANY (a Corporation), Appellant, v. COWARD McCANN, INC. (a Corporation), Respondent.

Supreme Court of California. In Bank.

February 15, 1957.

Attorney(s) appearing for the Case

Samuel B. Stewart, Hugo A. Steinmeyer, W.H. Taylor, Jr., and Walter S. Peake for Appellant.

Sheppard, Mullin, Richter, Balthis & Hampton, Gordon F. Hampton and Frank Simpson III, for Respondent.

Butler, Jablow & Weisman, Greenbaum, Wolff & Ernst, Harriet F. Pilpel, Mimi Obstler, Hays, St. John, Abramson & Heilbron and Irwin Karp as Amici Curiae on behalf of Respondent.

SHENK, J.

The plaintiff appeals from a summary judgment entered on a cross-complaint which determined in the defendant's favor its title to motion picture and other rights in the novel "Prelude to Night," subject to certain existing rights reserved to the plaintiff by a written agreement.

In 1944, all rights to the novel "Prelude to Night" were conveyed to the defendant by its author, Dayton Stoddart. In 1945, the...

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