O'Brien v. RKO Radio Pictures, Inc.
District Court, S.D. New York
1Opinion of the Court
MANDELBAUM, District Judge.
Defendant moves for judgment on the pleadings upon the ground that the complaint herein fails to state a claim against the defendant.
The essential allegations of the complaint (assumed to be true for the purpose of this motion) are the following: That prior to July 24, 1942, the plaintiff prepared, originated and submitted to the defendant a certain motion picture idea as to a motion picture built around the colorful story of the Palace Theatre and the old vaudeville characters familiar in the days when the Palace Theatre was the shrine of the vaudeville profession.
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2Cases cited7 opinions
- Nichols v. Universal Pictures CorporationCourt of Appeals for the Second Circuit · 1930
- Dymow v. BoltonCourt of Appeals for the Second Circuit · 1926
- Bristol v. Equitable Life Assurance SocietyNew York Court of Appeals · 1892
- Fendler v. MoroscoNew York Court of Appeals · 1930
- Bowen v. Yankee Network, Inc.District Court, D. Massachusetts · 1942
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3Cited by15 opinions
- Estate of Hemingway v. Random House, Inc.New York Court of Appeals · 1968
- Krisel v. DuranDistrict Court, S.D. New York · 1966
- Golding v. R.K.O. Pictures, Inc.California Supreme Court · 1950
- Educational Sales Programs, Inc. v. Dreyfus Corp.New York Supreme Court · 1970
- Paul v. SmithSupreme Court of Kansas · 1963
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