Dezendorf v. Twentieth Century-Fox Film Corp., 9589.
| Decision Date | 20 March 1941 |
| Docket Number | No. 9589.,9589. |
| Citation | 118 F.2d 561 |
| Parties | DEZENDORF v. TWENTIETH CENTURY-FOX FILM CORPORATION. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Jas. M. Naylor, of San Francisco, Cal., and Calvin L. Helgoe and I. Henry Harris, Jr., both of Los Angeles, Cal., for appellant.
Alfred Wright and Gordon Hall, Jr., both of Los Angeles, Cal., for appellee.
Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.
Appellant sued appellee for alleged infringement of appellant's right of property in an unpublished play of which she claimed to be the author. Appellee moved to dismiss the bill of complaint for failure to state facts sufficient to constitute a cause of action. The District Court granted the motion and, on February 7, 1938, entered a decree dismissing the bill. We reversed the decree and remanded the case for further proceedings. 99 F.2d 850. Thereafter the case was tried and, finding no infringement, the District Court, on February 15, 1940, entered judgment for appellee. 32 F.Supp. 359. This appeal is from that judgment.
Appellant contends that "in reversing the District Court on the first appeal, this court once and for all times settled the issue of infringement in appellant's favor." Appellant is mistaken. The issue of infringement was not before us and was not decided on the first appeal. It was before the District Court at the trial of the case and was properly decided.
Judgment affirmed.
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De Montijo v. 20th Century Fox Film
...film and the plaintiff's work have nothing in common. Dezendorf v. 20th Century Fox Film Corporation, D.C., 32 F. Supp. 359, affirmed, 9 Cir., 118 F.2d 561, March 20, The court finds that there was no evidence of any kind to show access to the plaintiff's manuscripts on behalf of Azteca Fil......
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Morrissey v. Procter & Gamble Company, 6882.
...Film Corp., S.D. N.Y., 1951, 95 F.Supp. 884; Dezendorf v. Twentieth Century-Fox Film Corp., S.D.Cal., 1940, 32 F.Supp. 359, aff'd, 9 Cir., 118 F.2d 561, on a motion for summary judgment a plaintiff should not have to go to the point of showing that every employee of a corporate defendant re......
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