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Where Love Has Gone

(1964)   Tags: Paramount

Paramount Pictures Corp. v. Davis

Where Love Has Gone 1964 film
This is an application for a writ of supersedeas to stay the enforcement of a preliminary injunction pending an appeal from the injunctive order. The injunction issued in an action commenced by Paramount Pictures Corporation, against Bette Davis in which Paramount sought to compel performance of a contract.

Under the contract, dated November 11, 1963, Davis was employed by Paramount to act, play and perform the part of “Mrs. Hayden” in the photoplay “Where Love Has Gone.”

It is alleged by Paramount in its complaint that principal photography of said photoplay was commenced on or about December 10, 1963, and was completed on February 10, 1964; that, in accordance with the terms of the contract defendant was paid the sum of one hundred twenty five thousand dollars ($125,000); that after completion of the principal photography, plaintiff determined that defendant’s additional services were required in connection with the photographing of an additional scene.  Bette Davis refused to shoot the additional scene.

Plaintiff prays that “defendant Bette Davis be enjoined both during the pendency of this action and permanently thereafter from rendering her services in any motion picture photoplay or in any other artistic or dramatic enterprise so long as she remains in default under her contract with plaintiff … in the respects alleged herein.”

Judgment: The preliminary injunction order is prohibitory and is not stayed by the appeal. Petitioner, however, has made no showing for the necessity of the writ in this respect and, to this extent, the application is denied. Let a writ of supersedeas issue accordingly.

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