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WALT DISNEY PR. v. AMERICAN BROADCASTING-PARAMOUNT TH., INC.

180 F.Supp. 113 (1960)

WALT DISNEY PRODUCTIONS, Plaintiff, v. AMERICAN BROADCASTING-PARAMOUNT THEATRES, INC., Defendant.

United States District Court S. D. New York.

January 5, 1960.

Attorney(s) appearing for the Case

Donovan, Leisure, Newton & Irvine, New York City, Cox, Langford, Stoddard & Cutler, Washington, D. C., Granville Whittlesey, Jr., Walter L. Stratton, Helmut J. F. Furth, Charles W. Morse, Jr., New York City, Lloyd N. Cutler, Samuel A. Stern, Washington, D. C., of counsel, for plaintiff.

White & Case, New York City, Bergson & Borkland, Washington, D. C., Orison S. Marden, Edward Wolfe, New York City, Herbert Bergson, Daniel H. Margolis, Howard Adler, Jr., Washington, D. C., of counsel, for defendant.

WEINFELD, District Judge.

The plaintiff moves pursuant to Rule 56 of the Federal Rules of Civil Procedure, for summary judgment declaring null and void a certain agreement with the defendant on the ground that it contravenes section 1 of the Sherman Act1 and offends the basic policy of the Copyright Law.2 Alternatively, in the event the agreement is held not tainted, the plaintiff seeks a judgment declaring...

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