First the copyright infringement case over use of Abbott and Costello’s “Who’s on First” routine in a Broadway play was dismissed by a New York federal judge. Then it rounded the U.S. Court of Appeals for the Second Circuit, but was tagged out again.
Now, in its third at bat, lawyers representing the heirs of vaudeville comedy duo Bud Abbott and Lou Costello are swinging for review at the U.S. Supreme Court.
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