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BURNETT v. LAMBINO

206 F.Supp. 517 (1962)

Morris Bertram BURNETT, also known as Murray Burnett, and Frederick Stephani, Plaintiffs, v. Salvatore LAMBINO, also known as Evan Hunter, Simon and Schuster, Inc., Metro-Goldwyn-Mayer, Inc., and Pocket Books, Inc., Defendants.

United States District Court S. D. New York.

June 11, 1962.

Attorney(s) appearing for the Case

Blumberg, Singer, Ross & Gordon, New York City, Leon Singer, Fred Newman, and Richard B. Rodman, New York City, of counsel, for plaintiffs.

Sam Rosenblum, New York City, for defendant Salvatore Lambino.

Philips, Nizer, Benjamin, Krim & Ballon, New York City, Simon Rose and Albert F. Smith, New York City, of counsel, for defendant Metro-Goldwyn-Mayer, Inc.

Brennan, London & Buttenwieser, New York City, Ephraim London, New York City, of counsel, for defendants Simon and Schuster, Inc. and Pocket Books, Inc.

FEINBERG, District Judge.

This is an application by two prevailing defendants in a copyright infringement action for an award of counsel fees under 17 U.S.C. § 116. Plaintiffs in the action were Morris B. Burnett and Frederick Stephani; defendants were Salvatore Lambino, who uses the pen name of Evan Hunter, Simon and Schuster, Inc., Pocket Books, Inc. and Metro-Goldwyn-Mayer, Inc. ("MGM"). The facts are set forth in my prior opinion, in which I found that defendants...

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