Edward Dunbar O'Brien v. Frank Sinatra

Beginning in 1957, the appellant, appearing without counsel, brought three successive separate actions against Frank Sinatra and others, in the Court from which this appeal is taken, alleging infringement of copyrights. The three cases, brought against substantially the same defendants, each came on before a different District Judge, and in each instance motions to dismiss were granted. There has not been a trial on the merits. From the record before us, the alleged acts of infringement appear to be substantially the same in each case.

The complaint filed in the initial action, Civil No. 1161-57 PH, was dismissed with prejudice and without leave to amend for, among other grounds, failure to state a claim upon which relief could be granted. That judgment of dismissal was entered November 21, 1957.

The second action, Civil No. 43-59 TC, was filed in January of 1959, and was terminated by an order of dismissal without leave to amend, but without prejudice on June 29, 1959. Two of the grounds of dismissal were the failure of the complaint to state a claim upon which relief could be granted and that the complaint was unintelligible.

The case before us was commenced on December 2,…