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EISMAN v. SAMUEL GOLDWYN, INC.

30 F.Supp. 436 (1939)

EISMAN et al. v. SAMUEL GOLDWYN, Inc., et al.

District Court, S. D. New York.

November 17, 1939.

Attorney(s) appearing for the Case

Julius Applebaum, of New York City, for complainants Clara Dellar and Robert Louis Shayon.

Dwight, Harris, Koegel & Caskey, of New York City (John Fletcher Caskey and John D. Leggett, Jr., both of New York City, of counsel), for respondents Samuel Goldwyn, Inc., and Samuel Goldwyn.

David L. Podell, of New York City (Mortimer Feuer, of New York City, of counsel), for respondent Eddie Cantor.

O'Brien, Driscoll & Raftery, of New York City, for respondent United Artists Corporation.

MANDELBAUM, District Judge.

The defendants, Samuel Goldwyn, Inc., and Samuel Goldwyn move for an order pursuant to Rule 42(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, directing a separate trial upon a single issue in this case.

The suit is one in equity claiming infringement by literary larceny of the plaintiffs' copyright in their play, "Oh Shah!" and the plaintiffs' uncopyrighted version of the same play by the defendants...

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