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MARVEL WORLDWIDE, INC. v. KIRBY

No. 10 Civ. 141(CM)(KNF).

777 F.Supp.2d 720 (2011)

MARVEL WORLDWIDE, INC., Marvel Characters, Inc. and MVL Rights, LLC, Plaintiffs, v. Lisa R. KIRBY, Barbara J. Kirby, Neal L. Kirby and Susan M. Kirby, Defendants. Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby and Susan M. Kirby, Counterclaim-Plaintiffs, v. Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, Marvel Entertainment, Inc., The Walt Disney Company, and does 1 through 10, Counterclaim-Defendants.

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

July 28, 2011.

Attorney(s) appearing for the Case

David Fleischer, Haynes and Boone, LLP, James W. Quinn, Randi Wolkenbreit Singer, Robert Bruce Rich, Weil, Gotshal & Manges LLP, Jodi Aileen Kleinick, Paul Hastings LLP, New York, NY, for Plaintiffs.

Marc Toberoff, Law Offices Of Marc Toberoff, PLC, Los Angeles, CA, for Defendants.

MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' CROSS MOTION FOR SUMMARY JUDGMENT

McMAHON, District Judge.

Jack Kirby is a legend in the comic book industry. During his long association with Marvel Comics, Kirby, working as a freelance artist, played a key role in the creation of a number of iconic characters, including "The Fantastic Four," "The Incredible Hulk," and "The X-Men."

Kirby died in...

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