Opinion
No. 126.
November 29, 1943.
Appeal from the District Court of the United States for the Southern District of New York.
Action by Vincent McConnor against George S. Kaufman and others, charging that the stage play "The Man Who Came to Dinner", also produced as a moving picture and published as a book, was an infringement of plaintiff's copyright in an unpublished and unproduced play entitled "Sticks and Stones", the copyright title of which was "The Murder Issue". The complaint was dismissed, 49 F. Supp. 738, and the plaintiff appeals.
Affirmed.
Harry Weinberger, of New York City (Harry Weinberger, W.E. Aronberg, Harold M. Wayne, and Nathan L. Schoichet, all of New York City, of counsel), for plaintiff-appellant.
Howard E. Reinheimer, of New York City, for defendants-appellees George S. Kaufman and Moss Hart.
O'Brien, Driscoll Raftery, of New York City (Benjamin Pepper, of New York City, of counsel), for defendants-appellees George M. Cohan, Irving Berlin, Dennis F. O'Brien, and Kathleen Nolan Harris, executors of Sam H. Harris.
Weil, Gotshal Manges, of New York City (Horace S. Manges, of New York City, of counsel), for defendant-appellee Random House, Inc.
R.W. Perkins, of New York City (Joseph D. Karp, of New York City, of counsel), for defendant-appellee Warner Bros. Pictures, Inc.
Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.
Judgment affirmed on the opinion below, with costs to the appellees and the following counsel fees:
$600 for the appellees George S. Kaufman and Moss Hart;
$200 for the appellees George M. Cohan, Irving Berlin, Dennis F. O'Brien and Kathleen Nolan Harris, as executors of Sam H. Harris;
$100 for the appellee Random House, Inc; and
$100 for the appellee, Warner Bros. Pictures, Inc.