Legal Opinion
Prouty v. National Broadcasting Co.
District Court, D. Massachusetts
Decided January 9, 1939No. 53PublishedCited by 11 opinions
1Opinion of the Court
BREWSTER, District Judge.
This bill of complaint was filed September 17, 1938. Plaintiff concedes that it is a civil action and not an infringement suit brought under 17 U.S.C.A. § 25, and is, therefore, governed by the new Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.
Defendant has moved to dismiss, under Rule 12 (b) (6), for failure to state a claim upon which relief can be granted.
The question now presented, therefore, is whether the allegations of the complaint, if proved, would entitle the plaintiff to relief without the aid of section 25 of the Copyright Law.
Plainti…
2Cases cited4 opinions
- Yale Electric Corporation v. RobertsonCourt of Appeals for the Second Circuit · 1928
- Vogue Co. v. Thompson-Hudson Co.Court of Appeals for the Sixth Circuit · 1924
- Wall v. Rolls-Royce of America, Inc.Court of Appeals for the Third Circuit · 1925
- Pennsylvania R. v. Erie R.District Court, E.D. New York · 1933
3Cited by11 opinions
- Terry Gilliam, Plaintiffs-Appellants-Appellees v. American Broadcasting Companies, Inc., Defendant-Appellee-AppellantCourt of Appeals for the Second Circuit · 1976
- Harms, Inc. v. Tops Music Enterprises, Inc. of CaliforniaDistrict Court, S.D. California · 1958
- Ossorio Ruiz v. GrauSupreme Court of Puerto Rico · 1977
- Triangle Publications v. HansonDistrict Court, E.D. Missouri · 1946
- National Geographic Soc. v. Classified Geographic, Inc.District Court, D. Massachusetts · 1939
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