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MAILER v. RKO TELERADIO PICTURES, INC.

No. 411, Docket 28217.

332 F.2d 747 (1964)

Norman MAILER, Plaintiff-Appellant, v. RKO TELERADIO PICTURES, INC., and Warner Bros. Pictures, Inc., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided May 8, 1964.

Attorney(s) appearing for the Case

George Zolotar, of Rembar & Zolotar, New York City, for plaintiff-appellant.

Sidney P. Howell, Jr., of Regan, Goldfarb, Powell & Quinn, New York City (Edwin E. McAmis and Harry W. Jacobs, New York City, on the brief), for defendant-appellee RKO Teleradio Pictures, Inc.

Joseph D. Karp, New York City, for defendant-appellee Warner Bros. Pictures, Inc.

Before MOORE, SMITH and KAUFMAN, Circuit Judges.

KAUFMAN, Circuit Judge:

By the terms of an agreement dated October 14, 1954, Norman Mailer assigned the motion picture rights to his novel, "The Naked and the Dead," to defendants' predecessor, with the proviso that "if the production of a feature length photoplay is not completed pursuant hereto within three years and six months from the date hereof all rights transferred and assigned hereunder shall automatically revert to" Mailer. Mailer now contends that "production...

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