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CARUTHERS v. R. K. O. RADIO PICTURES

20 F.Supp. 906 (1937)

CARUTHERS v. R. K. O. RADIO PICTURES, Inc.

District Court, S. D. New York.

Supplemental Opinion September 22, 1937.

Attorney(s) appearing for the Case

Greenbaum, Wolff & Ernst, of New York City (Morris L. Ernst, William S. Savage, and Harriet F. Pilpel, all of New York City, of counsel), for defendant.

Irwin Halpern, of New York City, for plaintiff.

WOOLSEY, District Judge.

This motion is granted and the defendant may have a decree dismissing the complaint, with costs, which, in pursuance of the power given to me by section 40 of the Copyright Act, title 17, United States Code, § 40 (17 U.S.C.A. § 40), will include reasonable counsel fees.

I. This suit was first brought in the New York Supreme Court for New York county. The plaintiff is a citizen of New York state and the defendant a corporation...

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