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FILMVIDEO RELEASING CORP. v. HASTINGS

No. 75 Civ. 2248 (HFW).

509 F.Supp. 60 (1981)

FILMVIDEO RELEASING CORPORATION, Plaintiff, v. David R. HASTINGS, II, as Administrator With Will Annexed of the Estate of Clarence E. Mulford, Defendant, and David R. Hastings, II, and Peter G. Hastings, as Trustees of the Inter Vivos Trust and of the Testamentary Trust Created by Clarence E. Mulford, Intervenors.

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

As Amended February 2, 1981.

Attorney(s) appearing for the Case

Howard Gotbetter, New York City, for plaintiff.

Burns, Jackson, Miller, Summit & Jacoby, New York City, for defendant; Engel & Engel, Donald S. Engel, Beverly Hills, Cal., of counsel.

OPINION

WERKER, District Judge.

Plaintiff commenced this action to obtain a declaratory judgment permitting it to license for television exhibition 23 motion pictures concerning the character Hopalong Cassidy (the "Hopalong Cassidy Motion Pictures"). Plaintiff contended that both the Hopalong Cassidy Motion Pictures and 26 books written by Clarence E. Mulford, (the "Hopalong Cassidy Books"), were in the public domain for all purposes. The defendant and Intervenors...

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