Legal Opinion

Burnett v. Lambino

District Court, S.D. New York

Decided June 11, 1962PublishedCited by 9 opinions

1Opinion of the Court

FEINBERG, District Judge.

This is an application by two prevailing defendants in a copyright infringement action for an award of counsel fees under 17 U.S.C. § 116. Plaintiffs in the action were Morris B. Burnett and Frederick Stephani; defendants were Salvatore Lambino, who uses the pen name of Evan Hunter, Simon and Schuster, Inc., Pocket Books, Inc. and Metro-Goldwyn-Mayer, Inc. (“MGM”). The facts are set forth in my prior opinion, in which I found that defendants were entitled to a judgment dismissing the complaint. Burnett v. Lambino et al., 204 F.Supp. 327 (S.D.N.Y.1962). By stipulation,…

2Cases cited10 opinions

  1. Lewis Orgel and the Michie Company v. Clark Boardman Co., Ltd., and Alfred D. JahrCourt of Appeals for the Second Circuit · 1962
  2. Dellar v. Samuel Goldwyn, Inc.Court of Appeals for the Second Circuit · 1939
  3. Lewys v. O'NEILLDistrict Court, S.D. New York · 1931
  4. Billy Rose, Ray Henderson and Mel Torshin, as of the Estate of Mort Dixon v. Bourne, Inc.Court of Appeals for the Second Circuit · 1960
  5. Rose v. Bourne, Inc.District Court, S.D. New York · 1959

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Fogerty v. Fantasy, Inc.Supreme Court of the United States · 1994
  2. Monolith Portland Midwest Company, a Nevada Corporation v. Kaiser Aluminum & Chemical CorporationCourt of Appeals for the Ninth Circuit · 1969
  3. Merry Hull & Company v. Hi-Line Co.District Court, S.D. New York · 1965
  4. Breffort v. I Had a Ball CompanyDistrict Court, S.D. New York · 1967
  5. Baccaro v. PisaDistrict Court, S.D. New York · 1966

4 more not listed; retrieve them via the Exa API.

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