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SIEGEL v. NATIONAL PERIODICAL PUB., INC.

No. 36, Docket 73-2844.

508 F.2d 909 (1974)

Jerome SIEGEL and Joseph Shuster, Plaintiffs-Appellants, v. NATIONAL PERIODICAL PUBLICATIONS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 5, 1974.

Attorney(s) appearing for the Case

Gordon T. King, New York City (Coudert Brothers, New York City, Carleton G. Eldridge, Jr., New York City, of counsel), for plaintiffs-appellants.

Michael D. Hess, New York City (Weil, Gotshal & Manges, New York City, Edward C. Wallace, Heather G. Florence, New York City, of counsel), for defendants-appellees.

Philip B. Wattenberg, New York City, for Amicus Curiae Music Publishers' Association of the United States, Inc.

Irwin Karp, New York City, for Amicus Curiae Authors League of America, Inc.

Before KAUFMAN, Chief Judge, and ANDERSON and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

This is an appeal from the granting of summary judgment dismissing the complaint upon the order of the Hon. Morris E. Lasker, filed on October 18, 1973. While the opinion below, 364 F.Supp. 1032 (S.D.N.Y.1973), sets forth the facts in detail, it will be necessary to repeat some of the more salient factual background.

I

The issue presented is...

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