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Ruth MORRIS, Plaintiff-Appellant, v. John C. WILSON, Fred Saidy, E. Y. Harburg, and National Broadcasting Company, Inc., Defendants-Appellees

United States Court of Appeals for the Second Circuit1961-10-10No. No. 35, Docket 26945
295 F.2d 36

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Opinion

majority opinion

PER CURIAM.

The plaintiff charges John C. Wilson and the other defendants with infringing her copyrighted play by their production and television version of the musical comedy “Bloomer Girl.” A comparison of the script of plaintiff’s play “The Lowells * * * Talle Only to God” with “Bloomer Girl” discloses no similarity except the very general theme of the feminist movement, no copying and no identity of characters.

We affirm the judgment of the district court in finding no support for the charges of plagiarism, and dismissing the complaint for the reasons set forth in Judge Weinfeld’s thorough and reasoned opinion reported at D.C.S.D.N.Y.1960, 189 F.Supp. 565.