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FILMWAYS PICTURES, INC. v. MARKS POLARIZED CORP.

No. 81 Civ. 8133(MEL).

552 F.Supp. 863 (1982)

FILMWAYS PICTURES, INC., Plaintiff, v. MARKS POLARIZED CORPORATION, Defendant.

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

December 14, 1982.

Attorney(s) appearing for the Case

Linden & Deutsch, New York City, for plaintiff.

Handal, Meller & Morofsky, New York City, for defendant; Anthony H. Handal, Paul B. Morofsky, New York City, of counsel.

LASKER, District Judge.

This action arises from the distribution of a three-dimensional ("3-D") motion picture, "Comin' at Ya." Filmways Pictures, Inc. ("FPI") the film's distributor, approached Marks Polarized Corp. ("Marks") on or about April 1, 1981 for the purpose of obtaining from Marks special projection and viewing devices necessary for 3-D films. The subsequent course of negotiations between the parties is a matter of dispute. Four contracts were drafted;...

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