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UNITED ARTISTS TELEVISION, INC. v. FORTNIGHTLY CORP.

No. 256, Docket 30767.

377 F.2d 872 (1967)

UNITED ARTISTS TELEVISION, INC., Plaintiff-Appellee, v. FORTNIGHTLY CORPORATION, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 22, 1967.

Attorney(s) appearing for the Case

Louis Nizer, New York City (Gerald Meyer, Gerald F. Phillips, Herbert N. Bobrow, John J. Daly, Phillips, Nizer, Benjamin, Krim & Ballon, New York City, on the brief), for plaintiff-appellee.

Robert C. Barnard, New York City (R. Michael Duncan, Stephen R. Barnett, Cleary, Gottlieb, Steen & Hamilton, New York City and E. Stratford Smith, Smith & Pepper, Washington, D. C., on the brief), for defendant-appellant.

Herman Finkelstein, New York City (Simon H. Rifkind, Jay H. Topkis, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, on the brief), for American Society of Composers, Authors and Publishers, amicus curiae.

Rosenman, Colin, Kaye, Petschek, Freund & Emil, New York City, for Columbia Broadcasting System, Inc., amicus curiae.

Marshall, Bratter, Greene, Allison & Tucker, New York City, for Calvada Productions, amicus curiae.

Alexander & Green, New York City, for Jack Chertok Television, Inc., amicus curiae.

Graubard & Moskovitz, New York City, for Dena Pictures, Inc., amicus curiae.

Before LUMBARD, Chief Judge, SMITH and KAUFMAN, Circuit Judges.

LUMBARD, Chief Judge:

This interlocutory appeal under 28 U.S.C. § 1292(b) from a decision of Judge Herlands in the Southern District of New York presents the question whether the community antenna television (CATV) systems operated by defendant Fortnightly Corporation (and its predecessors) in and around the cities of Clarksburg and Fairmont, West Virginia, infringed the exclusive right of plaintiff United Artists Television, Inc. (and its predecessors) to perform...

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