After a swing and a miss at both the trial court and appellate level, a copyright infringement lawsuit over the use of comedy duo Bud Abbott and Lou Costello’s “Who’s on First” routine has struck out, with the U.S. Supreme Court declining to review the case.

The high court on Monday denied plaintiffs TCA Television Corp., Hi Neighbor and Diana Abbott Colton’s petition for writ of certiorari, which claimed that the U.S. Court of Appeals for the Second Circuit was wrong to uphold the dismissal of the case against the creators of the play “Hand to God.”

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