National Picture Theatres, Inc. v. Foundation Film Corp.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern ’District of New York. Suit by the National Picture Theatres, Incorporated, against the Foundation Film Corporation. From an order denying á preliminary injunction, complainant appeals. Appeal from an order in equity denying motion for an injunction pendente lite, entered in the District Court for the Southern District of New York.
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Appeal from the District Court of the United States for the Southern ’District of New York. Suit by the National Picture Theatres, Incorporated, against the Foundation Film Corporation. From an order denying á preliminary injunction, complainant appeals. Appeal from an order in equity denying motion for an injunction pendente lite, entered in the District Court for the Southern District of New York. Prior to June, 19.1.9, one Tollogem and another, being the authors of a play or drama entitled “Blind Youth,” were the owners of the copyright of said play and of all the dramatic and motion…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] The propriety of reviewing, and indeed our right to review, the order appealed from, is questioned because, in refusing relief, the court below exercised judicial discretion. Where decision is dependent on controverted facts, it is an extreme case that justifies departure from the rule “that the discretion of the primary court [is not] to be interfered with.” Texas, etc., Co. v. Collier, 195 Fed. at page 66, 115 C. C. A. 83. But here no fact is in doubt; there is before us only a question of law, and law not only guides, but coerces, discretion.
We have…
2Cases cited12 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Florence Mfg. Co. v. J. C. Dowd & Co.Court of Appeals for the Second Circuit · 1910
- Kalem Co. v. Harper BrothersSupreme Court of the United States · 1911
- New England Awl & Needle Co. v. Marlborough Awl & Needle Co.Massachusetts Supreme Judicial Court · 1897
- Atlas Mfg. Co. v. Street & SmithCourt of Appeals for the Eighth Circuit · 1913
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3Cited by25 opinions
- Del Monte Special Food Co. v. California Packing CorporationCourt of Appeals for the Ninth Circuit · 1929
- Rosenberg Bros. & Co. v. ElliottCourt of Appeals for the Third Circuit · 1925
- Queen Mfg. Co. v. Isaac Ginsberg & Bros.Court of Appeals for the Eighth Circuit · 1928
- Warner Bros. Pictures, Inc. v. Majestic Pictures Corp.Court of Appeals for the Second Circuit · 1934
- Securities & Exchange Commission v. Sunbeam Gold Mines Co.Court of Appeals for the Ninth Circuit · 1938
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