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UNIV. OF NOTRE DAME v. 20TH CENTURY FOX

22 A.D.2d 452 (1965)

University of Notre Dame Du Lac et al., Respondents, v. Twentieth Century-Fox Film Corporation et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 9, 1965.

Attorney(s) appearing for the Case

Frederick W. R. Pride and Samuel I. Rosenman of counsel (Leo P. Larkin, Jr., Stanley Godofsky, Max Freund and Gilbert S. Edelson on the brief; Royall, Koegel & Rogers and Rosenman Colin Kaye Petschek & Freund, attorneys), for Twentieth Century-Fox Film Corporation and others, appellants.

William C. Scott of counsel (Donald W. Smith with him on the brief; Satterlee, Warfield & Stephens, attorneys), for Doubleday & Company, Inc. and another, appellants.

David W. Peck of counsel (John Dickey and John S. Allee with him on the brief; Sullivan & Cromwell, attorneys), for respondents.

Emanuel Redfield for New York Civil Liberties Union, amicus curiæ.

Weil, Gotshal & Manges (Horace S. Manges, Jacob F. Raskin and Marshall C. Berger on the brief), for American Book Publishers Council, Inc., amicus curia.

RABIN, STEVENS, STEUER and WITMER, JJ., concur.

BOTEIN, P. J.

The University of Notre Dame Du Lac and its president, Father Theodore M. Hesburgh, have brought this action against various book publishers and film distributors to enjoin release and distribution of a motion picture entitled "John Goldfarb, Please Come Home" and further distribution of the published novel on which the picture is based. Defendants appeal from an order granting an injunction

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