filled with matter which has been stricken out. The typewritten manuscript consists of sixteen letter-size pages, and none of them are solidly filled with writing. The major part of both manuscripts is devoted to the five scenes taken from the Silver Screen article. With the plaintiff's experience in writing and typing, disclosed by his other compositions, it is not improbable that he could have written his longhand manuscript, which has every appearance of being hurriedly written, and typed his typewritten manuscript in a matter of days rather than weeks.
In view of the foregoing (and much evidence which it has not been thought practicable or necessary to discuss in this opinion), I make the following findings of fact and conclusions of law:
Findings of Fact.
1. That the defendant did not make use of any composition, manuscript, or other writing of the plaintiff, or any ideas, dialogue or description therefrom in the writing, composition or preparation of the motion picture produced by the defendant under the name of "The Road to Glory," or in any of the scenarios, scripts, memoranda or other written material, from which said motion picture was produced, or in any publicity material or written description of said motion picture issued or published in connection therewith.
2. That the plaintiff did not submit to the defendant the typewritten manuscript entitled "The Road to Glory," in evidence as plaintiff's Exhibit No. 2, for acceptance or rejection by the defendant, as alleged in the Bill of Complaint.
3. That the plaintiff did not write or compose the scenario entitled "The Road to Glory," in evidence as plaintiff's Exhibit No. 2, nor the longhand manuscript, in evidence as plaintiff's Exhibit No. 1, from which the typewritten manuscript above referred to was made, until after the publication in June of 1936 of the periodical known as the "Silver Screen," a copy of which is in evidence as defendant's Exhibit No. 7, and which periodical contained a story or article concerning and purporting to give excerpts from the motion picture subsequently produced by the defendant under the name of "The Road to Glory."
4. That the plaintiff, in the writing and composition of the longhand manuscript, in evidence as plaintiff's Exhibit No. 1, made use of and, in many instances, exactly copied portions of the said article appearing in the periodical known as the "Silver Screen."
5. That the typewritten scenario written by the plaintiff, entitled "The Road to Glory," in evidence as plaintiff's Exhibit No. 2, was written upon the typewriter in evidence as defendant's Exhibit No. 12, to which typewriter the plaintiff did not have access until the beginning of the school year 1935-1936, and to which he did have access until the latter part of June, 1936, and subsequent to the publication of the periodical above referred to as the "Silver Screen," in evidence as defendant's Exhibit No. 7.
6. That the typewriter, in evidence as defendant's Exhibit No. 12, was acquired by the C.C. Miller Motor Company in a trade from Virgil Stickney subsequent to the close of the school year 1934-1935 and subsequent to the time at which the plaintiff alleges that the typewritten manuscript, in evidence as plaintiff's Exhibit No. 2, was written by the plaintiff on said typewriter.
Conclusions of Law.
From the findings of fact herein-above set forth, the conclusion of law is that the plaintiff is not entitled to the relief prayed for in the Bill of Complaint, and that the bill should be and is hereby dismissed, with the costs of these proceedings to be taxed upon the plaintiff.
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