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LEE v. MARVEL ENTERPRISES, INC.

No. 02 Civ. 8945(RWS).

386 F.Supp.2d 235 (2005)

Stan LEE, Plaintiff, v. MARVEL ENTERPRISES, INC. and Marvel Characters, Inc., Defendants.

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

January 17, 2005.

Attorney(s) appearing for the Case

Dickstein Shapiro Morin & Oshinsky, New York, NY (Howard Graff, Judith R. Cohen, Burt Garson, of counsel), for plaintiff.

Paul, Hastings, Janofsky & Walker, New York, NY (David Fleischer, Jodi A. Kleinick, John M. Magliery, of counsel), for defendant.

OPINION

SWEET, District Judge.

The defendant Marvel Enterprises, Inc. ("Marvel") has moved for partial summary judgment in accordance with Rule 56(a), Fed.R.Civ.P., dismissing the claims in the complaint seeking a profit participation from licensing of its characters for merchandising. The plaintiff Stan Lee ("Lee") has cross-moved for partial summary judgment declaring that he is entitled to 10% participation in profits derived by Marvel from television...

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