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NATHAN v. MONTHLY REVIEW PRESS, INC.

No. 68 Civ. 3719.

309 F.Supp. 130 (1969)

Otto NATHAN and Helen Dukas, as Trustees under the Last Will and Testament of Albert Einstein, deceased, Plaintiffs, v. MONTHLY REVIEW PRESS, INC., Leo Huberman and Paul M. Sweezy, Defendants.

United States District Court, S. D. New York.

December 24, 1969.

Attorney(s) appearing for the Case

Botein, Hays, Sklar & Herzberg, New York City, for plaintiffs; Harry I. Rand, New York City, of counsel.

London, Buttenwieser & Chalif, New York City, for defendants; Aaron M. Cantor, New York City, of counsel.

OPINION

LASKER, District Judge.

This case involves a dispute as to the ownership of the literary property in an essay written in 1949 by the late Dr. Albert Einstein entitled "Why Socialism?". Each party, though acknowledging some rights of the other in the property, claims to be the owner, and each moves for summary judgment. As one would expect when confronted with opposing motions for summary judgment, there is a substantial degree of agreement as to...

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