FADER v. TWENTIETH CENTURY-FOX FILM CORPORATION


169 F.Supp. 880 (1959)

Kathleen Kendrick FADER and Herbert Fader, Plaintiffs, v. TWENTIETH CENTURY-FOX FILM CORPORATION, Albert Beich and Frank Tashlin, Defendants.

United States District Court S. D. New York.

January 23, 1959.


Attorney(s) appearing for the Case

Butler, Jablow & Geller, New York City, for plaintiffs, Richard B. Jablow, New York City, of counsel.

Saul E. Rogers, New York City, for defendant Twentieth Century-Fox Film Corp.


FREDERICK van PELT BRYAN, District Judge.

Plaintiffs sue for alleged copyright infringement. Defendant Twentieth Century-Fox Film Corporation moves (1) to dismiss the complaint, pursuant to Rule 12(b), F.R.Civ.P., 28 U.S.C.A., for lack of jurisdiction over the subject matter and for failure to state a claim upon which relief can be granted, and (2) for summary judgment pursuant to Rule 56.

The motions are predicated upon the ground that plaintiffs failed to...

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