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FLEISCHER v. W. P. I. X.

30 Misc.2d 17 (1961)

Dave Fleischer, Plaintiff, v. W. P. I. X. Inc., Defendant. (Action No. 1.) Dave Fleischer, Individually and as Receiver of and Trustee in Dissolution of Fleischer Studios, Incorporated, Plaintiff, v. N. T. A. Pictures, Inc., et al., Defendants. (Action No. 2.)

Supreme Court, Special and Trial Term, New York County.

April 3, 1961

Attorney(s) appearing for the Case

Gustave B. Garfield for plaintiff in Actions No. 1 & No. 2. Mendes & Mount (Daniel Huttenbrauck of counsel), for defendant in Action No. 1. Golenbock & Barell (Seymour Shainswit and Roger Bloom of counsel), for N. T. A. and others, defendants in Action No. 2. Babrow, Handman & Katz (Stanley H. Handman of counsel), for Max Fleischer, defendant in Action No. 2.

HAROLD BAER, J.

These actions were tried simultaneously. In Action No. 2, the plaintiff seeks the following relief: (a) a permanent injunction restraining N. T. A. from distributing or exploiting a motion picture cartoon entitled "Mr. Bug Goes to Town", hereinafter referred to as the "Mr. Bug cartoon", (b) an accounting from N. T. A. of all proceeds received by it from the distribution and exploitation of the...

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