Section 13 (through page 373) Summary

An opinion by Circuit Judge Bone on behalf of himself and judges Wakefield and Scholtz identifies Oscar as plaintiff seeking damages and other relief against Erebus Entertainment, Inc., its CEO, and Kiester for infringement of his play. The district court hearing the original complaint had accepted the defendants' motion for summary judgment, and the plaintiff now appeals. Bone summarizes the plot of the play, observes classical sources have been used, and analyses the first two acts scene-by-scene. He next describes the movie in equal detail, describes Erebus as a well-established studio; and how Kiester while an independent television producer had received and curtly rejected the plaintiff's script. Kiester denies any recollection of that script when undertaking a Civil War epic as a suitable vehicle for an actor named Bredford. Kiester turned to an old friend and Civil War buff...