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EDGAR RICE BURROUGHS, INC. v. METRO-GOLDWYN-MAYER, INC.

Docket No. 26012.

205 Cal.App.2d 441 (1962)

23 Cal. Rptr. 14

EDGAR RICE BURROUGHS, INC., Plaintiff and Appellant, v. METRO-GOLDWYN-MAYER, INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division One.

July 5, 1962.

Attorney(s) appearing for the Case

Lillick, Geary, McHose, Roethke & Myers, John C. McHose and Kenneth E. Kulzick for Plaintiff and Appellant.

Swerdlow, Glikbarg & Nicholas, Harry B. Swerdlow and Allan Albala for Defendant and Respondent.

LILLIE, J.

In April 1931, plaintiff executed a contract granting MGM the right to create and write an original story using the character, Tarzan, and to produce a photoplay based thereon. Thereafter, it wrote an original story and produced a photoplay known as the 1932 version of "Tarzan, the Ape Man" (hereinafter referred to as the first photoplay). Under Paragraph 14 of the contract, MGM had the "right to reissue said first photoplay, and likewise to remake said...

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