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FISHER v. KLEIN

No. 863, Docket 88-9026.

873 F.2d 626 (1989)

Obadiah FISHER, Plaintiff-Appellant, v. Susan KLEIN, James Benedetto, Columbia Jewelry Contractors, Inc., Columbia Originals, Inc., Ronald Litoff, Ronald Litoff, Inc., Alexander Kush, A. Kush & Associates, Limited, American Express Company, American Express Travel Related Services Co., Inc., "John Doe" (Fictitious name), and "John Doe, Inc." (Fictitious name), Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 25, 1989.

Attorney(s) appearing for the Case

John R. Tobiason, New York City, for plaintiff-appellant.

Wayne C. Matus, New York City (Janis G. White, Christy & Viener, New York City, of counsel), for defendants-appellees, American Express Co. and American Express Travel Related Services Co.

Edward A. Meilman, New York City (Ostrolenk, Faber, Gerb & Soffen, New York City, Andrew W. Brainerd, Scott Brainerd, Brainerd & Bridges, Chicago, Ill., of counsel), for defendants-appellees, Susan Klein, Alexander Kush, and A. Kush & Associates, Ltd.

Joel S. Kaplan, Garden City, N.Y., for defendants-appellees, James Benedetto, Columbia Jewelry Contractors, Inc., Columbia Originals, Inc., Ronald Litoff, and Ronald Litoff, Inc.

Before MESKILL, MINER and MAHONEY, Circuit Judges.

PER CURIAM:

Judgment was entered on November 3, 1988 in the United States District Court for the Southern District of New York denying plaintiff Obadiah Fisher's request for a declaratory judgment. Fisher had asked that the district court determine whether a copyright to a pendant he designed had been infringed by defendants. The district court dismissed the action on the ground of res judicata.

We dismiss the appeal for lack of jurisdiction.

By notice...

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