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BERGER v. SIMON & SCHUSTER

No. 85 CIV 8397 (LBS).

631 F.Supp. 915 (1986)

Stuart BERGER, M.D., Plaintiff, v. SIMON & SCHUSTER, a DIVISION OF GULF & WESTERN CORPORATION, Defendant.

United States District Court, S.D. New York.

February 25, 1986.

Attorney(s) appearing for the Case

Linden and Deutsch, New York City, for plaintiff; Joseph Calderon, Robert C. Harris, of counsel.

Sharfman, Shanman, Poret & Siviglia, P.C., New York City, for defendant; Charles I. Poret, of counsel.

SAND, District Judge.

Plaintiff Berger, a medical doctor and author, brings this action against defendant, Simon & Schuster, a publishing house, alleging that defendant infringed on a copyright belonging to plaintiff. Defendant has moved to dismiss the action on the ground that the Court lacks jurisdiction over the subject matter or, alternatively, because the complaint fails to state a cause of action. Plaintiff has opposed those motions and has cross-moved for...

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