Opinion
No. 222, Docket 21622.
Argued June 6, 1950.
Decided June 23, 1950.
Appeal from the United States District Court for the Southern District of New York.
The plaintiff appeals from an order of Judge Rifkind dismissing his action against the above-named defendants for failure to prove any damage. The defendants appeal from the prior order of Judge Medina granting a summary judgment that Universal Pictures Company, Inc., recover of the defendants such amounts, if any, as may be found to be due to it as damages.
Millard Greene, New York City, Milton Pollack and Richard F. Wolfson, New York City, of counsel, for plaintiff-appellant.
Phillips, Nizer, Benjamin Krim, New York City, Louis Nizer, Daniel Glass and Paul Martinson, all of New York City, of counsel, for defendant William A. Scully, appellee and cross-appellant.
H.G. Pickering (of Mudge, Stern, Williams Tucker), New York City, John Wallis and Robert E. Walsh, New York City, of counsel, for defendant Clifford Work, appellee and cross-appellant.
Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges.
Affirmed on opinion of Rifkind, J. Truncale v. Blumberg, D.C., 88 F. Supp. 677, as to the judgment granted in favor of the defendants. The cross-appeal of the defendants from the order of Judge Medina granting summary judgment to the plaintiff, D.C., 8 F.R.D. 492, is dismissed as moot.