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BURROUGHS v. METRO-GOLDWYN-MAYER, INC.

No. 80 Civ. 2726 (HFW).

519 F.Supp. 388 (1981)

Danton BURROUGHS as Executor of the Will of John Coleman Burroughs, Deceased, Hulbert Burroughs, Joanne Pierce Anselmo, James Michael Pierce, and Edgar Rice Burroughs, Inc., Plaintiffs, v. METRO-GOLDWYN-MAYER, INC. and United Artists Corporation, Defendants.

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

July 10, 1981.

Attorney(s) appearing for the Case

Cowan, Leibowitz & Latman, P. C., New York City, for plaintiffs; Roger L. Zissu, Alan Latman, Carol F. Simkin, James Lightstone, New York City, of counsel.

Townley & Updike, New York City, for defendants; Douglas C. Fairhurst, Neil J. Rosini, Robin Bierstedt, New York City, of counsel.

OPINION

WERKER, District Judge.

Plaintiffs commenced this action against defendants for copyright infringement arising from defendant MGM's 1981 remake of the film "Tarzan, The Ape Man." This case is currently before the Court on cross-motions for summary judgment. The parties previously were before the Court on plaintiffs' application for a preliminary injunction restraining production of the film. That motion was denied in an opinion dated June 24, 1980...

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