Milne

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CLARE MILNE, by and through  MICHAEL JOSEPH COYNE, her No. 04-57189 receiver, Plaintiff-Appellant,  D.C. No.

CV-02-08508-FMC

v.

OPINION

STEPHEN SLESINGER, INC.,

Defendant-Appellee.  Appeal from the United States District Court for the Central District of California Florence-Marie Cooper, District Judge, Presiding

Argued and Submitted September 13, 2005—Pasadena, California

Filed December 8, 2005

Before: J. Clifford Wallace, Barry G. Silverman, and Consuelo M. Callahan, Circuit Judges.

Opinion by Judge Callahan

16005 16008 MILNE v. STEPHEN SLESINGER, INC.

COUNSEL

David Nimmer, Los Angeles, California, argued the cause for the plaintiff-appellant. With him on the briefs were Elliot Brown and Bryce Gee.

Roger L. Zissu, New York, New York, argued the cause for the defendant-appellee. With him on the briefs were Patrick T. Perkins, David Donahue, Correne Kristiansen, and Jerome B. Falk, Jr.

OPINION

CALLAHAN, Circuit Judge:

This copyright action arises from a termination notice sent by the appellant to the appellee, seeking to recapture rights to various characters created…