Scribner v. Straus
U.S. Circuit Court for the District of Southern New York
In Equity. On exceptions to clauses in answers which set up the anti-trust statutes, state and federal.
1Opinion of the Court
EACOMBE, Circuit Judge.
If, as defendant contends, the bill does not set forth a cause of action under the copyright laws, this court will have no jurisdiction, there not being the requisite diversity of citizenship ; and either upon plea or demurrer, or at hearing on bill and answer, or on bill and answer and proofs, the action may be dismissed. That question is not now properly presented, and, assuming that the bill sets forth, as it evidently undertakes to do, a cause of action under the copyright statutes, the exceptions to the parts of the answer specifically indicated appear to be sound.…
2Cited by4 opinions
- Arnstein v. Twentieth Century Fox Film Corp.District Court, S.D. New York · 1943
- Hodgson v. VroomCourt of Appeals for the Second Circuit · 1920
- Cole v. AllenDistrict Court, S.D. New York · 1942
- Cory v. Physical Culture Hotel, Inc.District Court, W.D. New York · 1936