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GIBRALTAR PRODUCTIONS v. RKO TELERADIO PICTURES

159 F.Supp. 457 (1958)

GIBRALTAR PRODUCTIONS, Limited, Plaintiff, v. RKO TELERADIO PICTURES, Inc., Defendant.

United States District Court S. D. New York.

February 19, 1958.

Attorney(s) appearing for the Case

Fitelson & Mayers, New York City, for plaintiff, Marvin A. H. Freiman, New York City, of counsel.

Donovan, Leisure, Newton & Irvine, New York City, for defendant, Granville Whittlesey, Jr., A. Vernon Carnahan, Helmut J. F. Furth, New York City, of counsel.

DAWSON, District Judge.

The defendant has moved for an order dismissing the complaint under Rule 12 (b) (7) of the Rules of Civil Procedure, 28 U.S.C.A. in so far as it purports to set forth a claim for injunctive relief on the ground of failure to join an indispensable party.

The complaint purports to state two causes of action, one for equitable relief and one for damages. Both causes of action are based on allegations that the defendant violated its motion...

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