Axelbank v. Rony

277 F.2d 314 Herman AXELBANK, Appellant, v. George RONY, The Copley Press, Inc., Hallmark Productions, Inc., Kroger Babb, Fox West Coast Theatres Corporation, National Broadcasting Company, Inc., and Does One through Twenty, Appellees. No. 15916. United States Court of Appeals Ninth Circuit. April 25, 1960. Alexander H. Schullman, Los Angeles, Cal., for appellant. Pacht, Ross, Warne & Bernhard, Jerry Pacht, Harvey M. Grossman, Los Angeles, Cal., for appellee. Before HAMLEY, HAMLIN and JERTBERG, Circuit Judges. JERTBERG, Circuit Judge. 1 Appellant sought damages and other relief against appellees for copyright infringement, unfair trade practices and unfair competition. The appellee Rony counter-claimed in damages for libel. The district court entered its judgment denying all relief sought by appellant and awarded appellee Rony damages in the amount of $500 on his counter-claim. 2 Jurisdiction of the district court was based upon Title 28 U.S.C.A. § 1338 , and Title 17 U.S.C.A. § 1 et seq. This court has jurisdiction under Title 28 U.S.C.A. §§ 1291 and 1294. 3 Under well established appellate procedure we must view the evidence in the light most favorable to…