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WARNER BROS., INC. v. AMERICAN BROADCASTING COMPANIES

No. 1366, Docket 81-7192.

654 F.2d 204 (1981)

WARNER BROS. INC., Film Export, A.G., and DC Comics, Inc., Plaintiffs-Appellants, v. AMERICAN BROADCASTING COMPANIES, INC., Defendant-Appellee, v. STEPHEN J. CANNELL PRODUCTIONS, Third-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 17, 1981.

Attorney(s) appearing for the Case

Melville B. Nimmer, Beverly Hills, Cal. (Kaplan, Livingston, Goodwin, Berkowitz & Selvin, Beverly Hills, Cal., of counsel), for plaintiff-appellant Warner Bros. Inc.

Philip R. Forlenza, New York City (Hawkins, Delafield & Wood, New York City, of counsel), for defendant-appellee American Broadcasting Companies, Inc.

Weiss, Dawid, Fross, Zelnick & Lehrman, New York City, of counsel, for plaintiffs-appellants DC Comics, Inc. and Film Export, A.G.

Townley & Updike, New York City, of counsel, for third-party defendant-appellee Stephen J. Cannell Productions.

Before MOORE and MESKILL, Circuit Judges and MacMAHON, District Judge.

MESKILL, Circuit Judge:

This is an appeal from an order entered in the United States District Court for the Southern District of New York, Motley, J., which denied a motion made by plaintiffs, Warner Bros. Inc., Film Export, A.G., and DC Comics, Inc., for a preliminary injunction and temporary restraining order to enjoin the defendant, American Broadcasting Companies, Inc. (ABC), from (1) broadcasting certain promotional television spots relating to its series entitled...

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