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FLEISCHER v. A.A.P., INC.

180 F.Supp. 717 (1959)

Dave FLEISCHER, Individually and as trustee in dissolution of Fleischer Studios, Incorporated, a Florida corporation, Plaintiff, v. A.A.P., INC., Associated Artists Productions, Inc., U.M. & M.T.V. Corp., W.P. I.X., Inc., Paramount Pictures, Inc., Paramount Pictures Corporation, Dumont Broadcasting Corporation, Flamingo Films, Inc., King Features Syndicate, Inc, Fleischer Studios, Incorporated, a New York corporation, Max Fleischer, individually and as co-trustee with plaintiff of Fleischer Studios, Incorporated, a Florida corporation, Defendants.

United States District Court S. D. New York.

July 15, 1959.

Attorney(s) appearing for the Case

Gustave B. Garfield, New York City, for plaintiff.

Mendes & Mount, New York City, Daniel Huttenbrauck, New York City, of counsel, for defendant W. P. I. X., Inc.

Phillips, Nizer, Benjamin, Krim & Ballon, New York City, Seymour Shainswit, New York City, of counsel, for defendants Paramount Pictures, Inc., Paramount Pictures Corporation and Flamingo Films, Inc.

McCauley, Henry & Brennan, New York City, for defendant King Features Syndicate, Inc.

PALMIERI, District Judge.

Before turning to the merits of the motions before the Court, plaintiff's application to disqualify the Court on the ground of "personal bias or prejudice * * * against him," 28 U.S.C. § 144 (1952), must be discussed. The application was made under the following circumstances. During oral argument counsel for one of the defendants herein stated that the Court of Appeals, in an opinion on...

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