Legal Opinion

New Fiction Pub. Co. v. Star Co.

District Court, S.D. New York

Decided February 15, 1915PublishedCited by 28 opinions

In Equity. Suit by the New Fiction Publishing Company against the Star Company. On motion to dismiss bill.

1Opinion of the Court

MAYER, District Judge.

The defendant has moved under equity rule 29 to dismiss the bill of complaint, upon the ground that upon the face of the bill no cause of action against defendant is disclosed, and that the court is without jurisdiction to entertain the suit. The parties are New York corporations, with their places of business in the borough of Manhattan, city of New York.

The sole question is whether plaintiff is the assignee of or merely the licensee under a copyright, and, as this question is said to be important, a full statement of the facts as disclosed on the face of the bill seems…

2Cases cited1 opinion

  1. Empire City Amusement Co. v. WiltonU.S. Circuit Court for the District of Massachusetts · 1903

3Cited by28 opinions

  1. Rohmer v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1946
  2. M. Witmark & Sons v. Pastime Amusement Co.District Court, D. South Carolina · 1924
  3. Goodis v. United Artists Television, Inc.Court of Appeals for the Second Circuit · 1970
  4. DeSilva Construction Corp. v. HerraldDistrict Court, M.D. Florida · 1962
  5. Fields v. Comm'rUnited States Tax Court · 1950

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