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HAMMETT v. WARNER BROS. PICTURES

84 F.Supp. 28 (1949)

HAMMETT v. WARNER BROS. PICTURES, Inc.

United States District Court S. D. New York.

January 3, 1949.

Attorney(s) appearing for the Case

Zissu & Marcus, New York City (Leonard Zissu, Abraham Marcus, and Lewis A. Dreyer, New York City, of counsel), for plaintiff.

R. W. Perkins, New York City (Morris Ebenstein, Joseph D. Karp, New York City, and Harry R. Olsson, Jr., Brooklyn, N.Y., of counsel), for defendant Warner Bros. Pictures, Inc.

KAUFMAN, District Judge.

Plaintiff moves for summary judgment in an action for a declaratory judgment. Defendant cross moves for summary judgment dismissing the complaint.

Plaintiff, Dashiell Hammett, is the author of a story entitled "The Maltese Falcon", the leading character of which is a detective known as "Sam Spade." In 1930 the story was the subject of a sale by the plaintiff and Alfred A. Knopf, Inc., the...

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