Winkler v. New York Evening Journal, Inc.

BYERS, District Judge.

The plaintiffs move for an order pursuant to Federal Rules of Civil Procedure 12(d), 28 U.S.C.A. following section 723c, requiring a hearing and determination before trial of the issue raised by defendants in their answers, of whether plaintiffs plead a claim upon which relief can be granted.

The complaint asserts sixteen alleged causes of action for copyright infringement, in that the defendants infringed certain drawings of comic pictures said to have been protected by copyright, by publishing cartoon strips constituting an appropriation of plaintiffs’ copyrighted work,…