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FIELD v. TRUE COMICS

89 F.Supp. 611 (1950)

FIELD v. TRUE COMICS, Inc. et al.

United States District Court S. D. New York.

February 3, 1950.

Attorney(s) appearing for the Case

Bernard J. Coven, New York City, for plaintiff.

Fennelly, Lowenstein, Engelhard & Pitcher, New York City (Herbert P. Polk, New York City, of counsel), for True Comics, Inc.

Sol A. Rosenblatt, New York City, for DiMaggio.

COXE, District Judge.

This is a motion by defendant True Comics, Inc., to dismiss the complaint in an action brought under Section 1 of the Copyright Act of 1947, 17 U.S.C.A., § 101, for copyright infringement. The motion is made upon three grounds: (1) failure to state a claim upon which relief can be granted; (2) lack of jurisdiction because plaintiff, being a mere licensee, cannot bring an action under the Copyright Law without showing diversity of citizenship...

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