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CLOTH v. HYMAN

146 F.Supp. 185 (1956)

Sherwin S. CLOTH and Lev Gleason Publications, Inc., Plaintiffs, v. Mae HYMAN, Random House, Inc., Ira Levin and Maurice Evans and Emmett Rogers, general partners of a copartnership, doing business as "The Sergeant's Company", Defendants.

United States District Court S. D. New York.

September 28, 1956.

Attorney(s) appearing for the Case

Andrew J. Feinman, New York City, for plaintiffs.

Choate, Ronalds, Reynolds & Hollister, New York City, for defendant Mac Hyman, William A. Moore, New York City, of counsel.

Weil, Gotshal & Manges, New York City, for defendant Random House, Inc., Jacob F. Raskin, New York City, of counsel.

Breed, Abbott & Morgan, New York City, for defendants Maurice Evans and Emmett Rogers, d/b/a "The Sergeant's Company", Charles H. Tuttle and Thomas A. Shaw, Jr., New York City, of counsel.

HERLANDS, District Judge.

Plaintiffs having consented to an adverse summary judgment in this literary copyright infringement action, the Court is required to decide two questions: (1) whether the Court, in its discretion, should award reasonable attorneys' fees to the victorious defendants; and (2) if so, what amount would be reasonable in the circumstances of this case.

In opposing any award of attorneys' fees, plaintiffs assert that this action was brought...

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