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

222 F.Supp. 40 (1963)

Dave FLEISCHER, individually and as Trustee in dissolution of Fleischer Studios, Incorporated, a Florida corporation, Plaintiff, v. A. A. P., INC., et al., Defendants.

United States District Court S. D. New York.

September 12, 1963.

Attorney(s) appearing for the Case

Gustave B. Garfield, New York City, for Dave Fleischer etc.

Phillips, Nizer, Benjamin & Krim, New York City, for Paramount.

Stanley H. Handman, New York City, for Fleischer Studios, Inc.

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

Mendes & Mount, New York City, for A. A. P. Inc. & Assoc. Artists.

Goldstein, Golenbock & Barell, New York City, for U. M. & M. TV Corp.

Bobrow, Handman & Katz, New York City, for Max Fleischer.

Seligson, & Morris, New York City, for Dumont Broadcasting.

RYAN, Chief Judge.

This suit, alleging conspiracy among eleven defendants to destroy plaintiff's rights under an agreement dated May 24, 1941, seeks to recover damages by way of an accounting and asks for injunctive relief against alleged unfair competition. Five of the defendants have moved for summary judgment on the ground that a prior State Court final determination constitutes res judicata or judicial estoppel of the claims in suit.

It is urged...

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