Filmways Pictures, Inc. v. Marks Polarized Corp.
District Court, S.D. New York
1Opinion of the Court
LASKER, District Judge.
This action arises from the distribution of a three-dimensional (“3-D”) motion picture, “Cornin’ at Ya.” Filmways Pictures, Inc. (“FPI”) the film’s distributor, approached Marks Polarized Corp. (“Marks”) on or about April 1, 1981 for the purpose of obtaining from Marks special projection and viewing devices necessary for 3-D films. The subsequent course of negotiations between the parties is a matter of dispute. Four contracts were drafted; none was ever executed.
However, some agreement or understanding between the parties was apparently reached and Marks began to…
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