Eisman v. Samuel Goldwyn, Inc.

WOOLSEY, District Judge.

This motion to dismiss the complaint herein is granted.

The defendants may have a decree dismissing the complaint with costs which, in respect of that part of the cause founded on the Copyright Act, 17 U.S.C.A. § 1 et seq., will, under Section 40 thereof, 17 U.S.C.A. § 40, include reasonable counsel fees to the defendants.

I. This is a motion based on the practice approved by me in Lowenfels v. Nathan, D.C., 2 F.Supp. 73, 74, and explained more fully by my decision in Shipman v. R. K. O. Radio Pictures, Inc., et al., D.C., 20 F.Supp. 249.

This practice is not now novel…