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Contracts Keyed to Calamari
Wyler Summit Partnership v. Turner Broadcasting System, Inc.
Citation:
235 F.3d 1184Facts
William Wyler entered into a contract with MGM-Lowe’s, Inc. (hereinafter “MGM”) to direct the movie Ben Hur. Wyler’s successor in interest, Wyler Summit (plaintiff), later sued MGM’s successor in interest, Turner Broadcasting System, Inc. (hereinafter “Turner”) (defendant), in federal district court to recover compensation allegedly due under the contract for the movie. The district court granted Turner’s motion to dismiss. Wyler Summit appealed and the case was remanded to the district court. On remand, the district court awarded summary judgment in favor of Turner. The district court held that the installment payment provision in the Ben Hur contract was intended for the benefit of both Wyler Summit and Turner. Wyler Summit appealed again to the United States Court of Appeals for the Ninth Circuit.
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