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CAPITAL FILMS CORP. v. CHARLES FRIES PRODUCTIONS

No. 78-3563.

628 F.2d 387 (1980)

CAPITAL FILMS CORPORATION et al., Plaintiffs-Appellants, v. CHARLES FRIES PRODUCTIONS, INC. and American Broadcasting Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 15, 1980.

Attorney(s) appearing for the Case

Sandy M. Sandoloski, Lawrence E. Ackels, Sr., Lawrence E. Ackels, Jr., Michael W. McManus, Dallas, Tex., for plaintiffs-appellants.

Jenkins & Gilchrist, William D. Sims, Jr., Dallas, Tex., for Charles Fries Productions, Inc. and American Broadcasting Co.

Before GOLDBERG, GARZA and REAVLEY, Circuit Judges.

GARZA, Circuit Judge:

I

In 1962 Falcon International Corporation (Falcon) organized for the purpose of producing and distributing motion picture films. In 1964, following the assassination of President Kennedy, Falcon produced a film entitled "The Trial of Lee Harvey Oswald" based upon the legal proceedings which might have occurred had Oswald not been murdered. The film was publicized in cities throughout the nation and advertised in the entertainment sections...

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