Zodiac Enterprises, Inc. v. American Broadcasting Co.

The complaint should be reinstated, summary judgment denied and Zodiac’s motion for leave to replead granted.

The amendatory agreement of 1968 upon which Zodiac bottoms its claim was drafted by ABC. Therefore, ABC cannot take refuge in ambiguity.

The majority opinion, innocent of the implications of the determination, brushes aside the need for a conclusive new pleading setting forth the issues, and denies even the right to replead.

Just as silent films may have value in an era of sound, and black and white films in an era of color, so, too, tapes of old television programs may have distinct…