Carroll v. Paramount Pictures, Inc.
District Court, S.D. New York
1Opinion of the Court
GODDARD, District Judge.
This is a motion by the defendant for summary judgment dismissing the second cause of action of the complaint pursuant to Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.
The complaint purports to contain two causes of action: The first, for breach of contract; the second, in tort for libel.
The “second” cause of action alleges that the defendant has released the motion picture “A Night at Earl Carroll’s” in this State and elsewhere; that the picture bears the false representation that it was produced by the plaintiff; that the plaintiff has…
2Cases cited13 opinions
- Peck v. Tribune Co.Supreme Court of the United States · 1909
- Fleckenstein v. FriedmanNew York Court of Appeals · 1934
- Morrison v. . SmithNew York Court of Appeals · 1904
- Hunt v. . BennettNew York Court of Appeals · 1859
- Dellar v. Samuel Goldwyn, Inc.Court of Appeals for the Second Circuit · 1939
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3Cited by9 opinions
- Howard Dean Hansen, A/K/A Dean Hansen v. United StatesCourt of Appeals for the Eighth Circuit · 1968
- Fink v. PowsnerDistrict Court of Appeal of Florida · 1958
- Schmidtke v. ConesaCourt of Appeals for the First Circuit · 1944
- Mark Leach Health Furniture Co. v. ThalDistrict Court of Appeal of Florida · 1962
- Tropicana Pools, Inc. v. First National Bank of TitusvilleDistrict Court of Appeal of Florida · 1968
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