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WINKLER v. NEW YORK EVENING JOURNAL

Civil No. 173.

32 F.Supp. 810 (1940)

WINKLER et al. v. NEW YORK EVENING JOURNAL, Inc., et al.

District Court, E. D. New York.

May 1, 1940.

Attorney(s) appearing for the Case

Vincent A. O'Connor, of New York City (Abraham L. Pomerantz, of New York City, of counsel), for plaintiffs.

James Carroll, of New York City (Alfred H. Wasserstrom, of New York City, of counsel), for defendants.

BYERS, District Judge.

The plaintiffs move for an order pursuant to Federal Rules of Civil Procedure 12(d), 28 U.S.C.A. following section 723c, requiring a hearing and determination before trial of the issue raised by defendants in their answers, of whether plaintiffs plead a claim upon which relief can be granted.

The complaint asserts sixteen alleged causes of action for copyright infringement, in that the defendants infringed certain drawings of comic pictures...

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