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  5. 19 F.Supp. 769 (1937)
 

FOREIGN & D. M. CORP. v. TWENTIETH CENTURY-FOX F. CORP.

19 F.Supp. 769 (1937)

FOREIGN & DOMESTIC MUSIC CORPORATION et al. v. TWENTIETH CENTURY-FOX FILM CORPORATION et al.

District Court, S. D. New York.

June 21, 1937.

Attorney(s) appearing for the Case

Henry Pearlman, of New York City, for complainants.

Edwin P. Kilroe, of New York City, for defendants Twentieth Century-Fox Film Corporation and Movietone Music Corporation.

HULBERT, District Judge.

Twentieth Century-Fox Film Corporation and Movietone Music Corporation move to dismiss the complaint: (a) For lack of jurisdiction of the subject-matter, and (b) for insufficiency on the face thereof.

The action is at law for: (1) Infringement of copyright, and (2) unfair competition.

There is not complete diversity of citizenship.

In the first cause of action it is alleged that Cesare Andrea Bixio is a resident, citizen...

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