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182 F.2d 1021

Docket No. 222.

Docket Docket 21622.

Truncale v. Scully

Second Circuit Court of Appeals

Argued June 6, 1950.

Decided June 23, 1950.

Second Circuit Court of Appeals · decided 1950-06-23

3 counsel of record

Relies on Truncale v. Blumberg · Truncale v. Blumberg

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1950-06-23

How this case has been cited

Cited by 7 later decisions — most recently April 1978

7 federal appellate ·

50195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Appeal from the United States District Court for the Southern District of New York.

The plaintiff appeals from an order of Judge Rifkind dismissing his action against the above-named defendants for failure to prove any damage. The defendants appeal from the prior order of Judge Medina granting a summary judgment that Universal Pictures Company, Inc., recover of the defendants such amounts, if any, as may be found to be due to it as damages.

Millard & Greene, New York City, Milton Pollack and Richard F. Wolfson, New York City, of counsel, for plaintiff-appellant.

Phillips, Nizer, Benjamin & Krim, New York City, Louis Nizer, Daniel Glass and Paul Martinson, all of New York City, of counsel, for defendant William A. Scully, appellee and cross-appellant.

H. G. Pickering (of Mudge, Stern, Williams & Tucker), New York City, John Wallis and Robert E. Walsh, New York City, of counsel, for defendant Clifford Work, appellee and cross-appellant.

Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges.

PER CURIAM.

¶1

Affirmed on opinion of Rifkind, J. Truncale v. Blumberg, D.C., 88 F.Supp. 677, as to the judgment granted in favor of the defendants. The cross-appeal of the defendants from the order of Judge Medina granting summary judgment to the plaintiff, D.C., 8 F.R.D. 492, is dismissed as moot.

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