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LYNCH v. WARNER BROS. PICTURES

32 F.Supp. 575 (1940)

LYNCH v. WARNER BROS. PICTURES, Inc., et al.

District Court, S. D. New York.

April 11, 1940.

Attorney(s) appearing for the Case

Conboy, Hewitt, O'Brien & Boardman, of New York City (David Asch, of New York City, of counsel), for plaintiff.

Thomas & Friedman, of New York City (George E. Quigley and Joseph D. Karp, both of New York City, of counsel), for defendants.

GALSTON, District Judge.

This action is for an injunction and accounting of profits and damages resulting from the alleged infringement of the plaintiff's literary property, an uncopyrighted story. Jurisdiction is predicated on diversity of citizenship.

In April or May of 1932 the plaintiff wrote a story entitled "When Homer Comes Marching Home," which, on August 2, 1932, he submitted to Warner Brothers Pictures, Inc. He told Deakin, the Warner representative...

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