Wiren v. Shubert Theatre Corporation

GODDARD, District Judge.

This is a motion by the defendants to dismiss the bill of complaint upon the ground that it does not set forth facts sufficient to constitute a cause of action, and particularly that it affirmatively appears from a reading of the complainant’s play “Most” and the, complainant’s translation of “La Morte in Vaeanze” or “Death Takes a Holiday,” both of which are annexed to the complaint, that there is no plagiarism of the complainant’s ■work.

The suit was begun by the service of the bill of complaint upon the defendants in May, 1931. It is brought to enjoin the defendants…