DIECKHAUS

v.

TWENTIETH CENTURY-FOX FILM CORP.

Citator

Cited By

• Smith v. Allison, 332 So. 2d 631 (Fla. 3d DCA 1976)
  …consequences inherent in the statute, there is a clear burden on a plaintiff to show the defendant’s actual ownership of the dog in question, and not merely to show possession or custody. See Reid v. Nelson, 154 F. 2d 724 (5th Cir. 1946), cert. den. 329 U.S. 716, 67 S.Ct. 47, 91 L.Ed. 621 (1946). From the record in the present case, we cannot say that the plaintiff has met his burden on this point. Reversed.…
• California v. Zook, 336 U.S. 725 (U.S. 1949)
  …Edmondson, decided March 15, 1946, by the Appellate Department of the Superior Court, County of Los Angeles, California. The opinion of that court is not officially reported but appears in 1946 L. A. Crim. App. 2160. Cert. denied, October 14, 1946, 329 U. S. 716. See note 7, supra, p. 730. See Appendix B (1), supra.…
• Selle v. Gibb, 741 F.2d 896 (7th Cir. 1984)
  …ce to support a reasonable possibility of access because the jury cannot draw an inference of access based upon speculation and conjecture alone. For example, in Twentieth Century-Fox Film Corp. v. Dieckhaus, 153 F. 2d 893 (8th Cir.), cert, denied, 329 U.S. 716, 67 S.Ct. 46, 91 L.Ed. 621 (1946), the court reversed a finding of infringement based solely on the similarities between plaintiff’s book and de [*902] fendant’s film. The court stated that the plaintiff herself presented no evidence that the defend…