SPAHN v. JULIAN MESSNER, INC.


18 N.Y.2d 324 (1966)

Warren E. Spahn, Respondent, v. Julian Messner, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided October 27, 1966.


Attorney(s) appearing for the Case

Selig J. Levitan and Arthur B. Cornfeld for appellants.

Earle Warren Zaidins and Harvey J. Michelman for respondent.

Irwin Karp for Authors League of America, Inc., amicus curiæ.

Harriet F. Pilpel for Society of Magazine Writers, amicus curiæ.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur.


KEATING, J.

To the knowing and the novice alike, the name Warren Spahn brings to mind one of professional baseball's great left-handed pitchers.

Each year, millions of people attend various ball parks throughout the country, hoping to root their team on to victory. National network systems transmit the games into homes and offices and huge sums are expended by advertisers for the attention of audiences...

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