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HARRIS v. FAWCETT PUBLICATIONS, INC.

176 F.Supp. 390 (1959)

Eleanor HARRIS, Plaintiff, v. FAWCETT PUBLICATIONS, INC., and F. Louis Friedman, Defendants.

United States District Court S. D. New York.

August 21, 1959.

Attorney(s) appearing for the Case

Margulies & Heit, New York City, for plaintiff. Samuel D. Cohen, Albert Heit, New York City, of counsel.

DeWitt, Nast & Diskin, New York City, for defendant Fawcett Publications, Inc., Thomas A. Diskin, New York City, of counsel.

HERLANDS, District Judge.

I.

In this copyright infringement action, plaintiff moves for summary judgment (F.R.Civ.P. rule 56, 28 U.S.C.A.) upon the ground "that it appears from a comparison of the defendant's story with the plaintiff's story, each of which is attached to the plaintiff's complaint, that the defendant's story was copied from the plaintiff's story as matter of law, and that there is in this action no genuine issue as to any material fact."...

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