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DELLAR v. SAMUEL GOLDWYN, INC.

40 F.Supp. 534 (1941)

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

District Court, S. D. New York.

July 10, 1941.

Attorney(s) appearing for the Case

Dwight, Harris, Koegel & Caskey, of New York City, for defendants Samuel Goldwyn, Inc., and Samuel Goldwyn.

David L. Podell, of New York City, for defendant Eddie Cantor.

GALSTON, District Judge.

This action involves the alleged infringement of a copyrighted play entitled "Oh Shah", and also of an uncopyrighted adaptation of such play, owned by the plaintiff. The issue having been raised, the defendants moved to dismiss the complaint on the ground that from an inspection and comparison of the complainant's play and the defendants' scenario and continuity, there was no substantial similarity between the two works, and asserting thaat...

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