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ARCHIE COMIC PUBLICATIONS, INC. v. DECARLO

No. 00 CIV 5686.

141 F.Supp.2d 428 (2001)

ARCHIE COMIC PUBLICATIONS, INC., Plaintiff, v. Daniel S. DECARLO, Defendant, ABC, Inc., et al., Additional Defendants on Counterclaims.

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

April 27, 2001.

Attorney(s) appearing for the Case

Leora Herrmann, Edmund J. Ferdinand, Grimes & Battersby, LLP, Mamaroneck, NY, for Plaintiff and Counterclaim Defendants.

Whitney North Seymour, Jr., Craig A. Landy, Landy & Seymour, New York City, for Defendant.

MEMORANDUM OPINION

KAPLAN, District Judge.

This case opens the second round in the comic book fight between Daniel S. DeCarlo, a long time comic book artist, and Archie Comic Publications, Inc. ("ACP"), the comic publisher for which DeCarlo long drew a number of well known comic books. The first round closed with the dismissal of DeCarlo v. Archie Comic Publications, Inc.,1 a case in which DeCarlo claimed ownership of...

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