Eastman Kodak Company, a Corporation v. John C. Hendricks

Eastman Kodak Company has developed 1,000 feet (10 reels) of color film which it originally sold to Hendricks, the sale price including the developing service. Eastman refuses to return the film to Hendricks, although he owns it. The reason given for the refusal is that Eastman believes that which is depicted on the film after developing is obscene; that to return the film would put it in the unhappy situation of having violated the obscenity statutes of California and the City of Los Angeles.

Hendricks does not question Eastman’s good faith in the matter, just its judgment. A complaint seeking recovery of the film and damages for retention was filed in the United States District Court for the Southern District of California. Diversity of citizenship plus requisite value was the basis of jurisdiction there. Damages went out of the case below, but the district court after a jury trial with special interrogatories entered judgment for the plaintiff. Eastman, dissatisfied, appeals.

As a preface for a discussion of the jury verdict, the judge’s decision and the applicable law, some description of the films should be given. Each roll of film involves a wriggling young woman doing a…