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ABEND v. MCA, INC.

Nos. 87-5780, 87-5833 and 87-5922.

863 F.2d 1465 (1988)

Sheldon ABEND, dba Authors Research Company, Plaintiff-Appellant, v. MCA, INC.; Universal Film Exchange, Inc.; James Stewart; Patricia Hitchcock O'Connell, as Co-Executor of the Estate of Alfred Hitchcock and as Co-Trustee of the Assets of the Estate of Alfred Hitchcock; Samuel Taylor, as Co-Executor of the Estate of Alfred Hitchcock and as Co-Trustee of the Assets of the Estate of Alfred Hitchcock, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 27, 1988.

Attorney(s) appearing for the Case

Peter J. Anderson, James P. Tierney, Santa Monica, Cal., for plaintiff-appellant.

Louis P. Petrich, Los Angeles, Cal., for defendants-appellees.

Anne R. Grupp, Culver City, Cal., for amicus curiae Turner Entertainment Co.

Stephen A. Kroft, Beverly Hills, Cal., for amicus curiae Columbia Pictures Industries, Inc., etc.

Before PREGERSON and THOMPSON, Circuit Judges, and ROSENBLATT, District Judge.

PREGERSON, Circuit Judge:

Abend, owner of the renewal copyright on the original story on which the motion picture "Rear Window" was based, brought suit against MCA and the trustees and executors of Alfred Hitchcock's estate and assets. Abend's complaint alleges copyright infringement based on defendants' re-release of the "Rear Window" film in theatres, on TV, and on videocassette. The district court granted defendants' motion for summary judgment based on the Second...

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