SCHOENBERG v. SHAPOLSKY PUBLISHERS, INC.

No. 91 Civ. 0208(LAK).

916 F.Supp. 333 (1996)

Harris O. SCHOENBERG, Plaintiff, v. SHAPOLSKY PUBLISHERS, INC., Ian Shapolsky and Steimatzky Publishing of North America, Inc., Defendants.

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

February 27, 1996.


Attorney(s) appearing for the Case

Bernard Malina, Malina & Wolson, New York City, for Plaintiff.

Robert S. Meloni, New York City, for Defendants.


KAPLAN, District Judge.

Defendants' motion to dismiss for lack of subject matter turns on whether a dispute over a publishing contract arises under the Copyright Act so as to give rise to federal jurisdiction under 28 U.S.C. § 1338(a). This motion is heard on remand from the Second Circuit, which set forth a new three-part test for assessing jurisdiction in these circumstances. Schoenberg v. Shapolsky, 971 F.2d 926 (2d...

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