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UNITED ARTISTS TELEVISION, INC. v. FORTNIGHTLY CORPORATION

No. 60 Civ. 2583.

300 F.Supp. 1005 (1969)

UNITED ARTISTS TELEVISION, INC., Plaintiff, v. FORTNIGHTLY CORPORATION, Defendant.

United States District Court S. D. New York.

June 27, 1969.

Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for plaintiff; Louis Nizer, Gerald Meyer, Gerald F. Phillips, New York City, of counsel.

Cleary, Gottlieb, Steen & Hamilton, New York City, for defendant; Robert C. Barnard and Smith, Pepper, Shack & L'Heureux, Washington, D. C., of counsel.

OPINION

HERLANDS, District Judge:

Defendant, victorious on the basic copyright issue*, has moved for judgment in its favor against plaintiff dismissing the complaint, with costs in this Court to be taxed by the Clerk, "and for the allowance of reasonable attorney's fees, pursuant to 17 U.S.C. § 116" (Notice of Motion, dated January 17, 1969. The only controverted issue relates to the attorney's fees.

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