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  5. 15 N.Y.2d 940 (1965)
 

UNIV. OF NOTRE DAME DU LAC v. TWENTIETH CENTURY-FOX FILM CORP.

15 N.Y.2d 940 (1965)

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

Court of Appeals of the State of New York.

Decided March 18, 1965.

Attorney(s) appearing for the Case

David W. Peck, John Dickey and John S. Allee for appellants.

Frederick W. R. Pride, Samuel I. Rosenman, Leo P. Larkin, Jr., Stanley Godofsky, Max Freund and Gilbert S. Edelson for Twentieth Century-Fox Film Corporation and others, respondents.

William C. Scott and Donald W. Smith for Doubleday & Company, Inc., and others, respondents.

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

Horace S. Manges, Jacob F. Raskin and Marshall C. Berger for American Book Publishers Council, Inc., amicus curiæ.

Concur: Judges DYE, FULD, VAN VOORHIS and BERGAN. Judge BURKE dissents in the following opinion in which Judge SCILEPPI concurs. Chief Judge DESMOND taking no part.

Order affirmed, with costs upon the opinion at the Appellate Division.

BURKE, J. (dissenting).

Plaintiffs appeal from an order of the Appellate Division reversing an order of Special Term and dismissing the complaint for failure to state a cause of action and vacating an injunction pendente lite granted by Special Term. The complaint was dismissed on a motion directed to the face of the complaint.1

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