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ILYIN v. AVON PUBLICATIONS

144 F.Supp. 368 (1956)

Maximilian ILYIN, Plaintiff, v. AVON PUBLICATIONS, Inc., Defendant and Third-Party Plaintiff, Philip Rahv and William Phillips, Third-Party Defendants.

United States District Court S. D. New York.

July 24, 1956.

Attorney(s) appearing for the Case

Borris M. Komar, New York City, for plaintiff.

William Gold, New York City, for defendant (P. Berner, P. Gitlin, New York City, of counsel).

No appearance for third-party defendants.

THOMAS F. MURPHY, District Judge.

This is an action for copyright infringement and a third-party action for indemnification by the defendant publisher against the persons who allegedly gave it the right to publish the article in question — an English translation of Jean Cocteau's one-act play entitled, "The Human Voice." The facts are as follows:

On February 21, 1930, Librairie Stock Delamain & Boutelleau published, in France, Cocteau's play "La...

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