LOS ANGELES (TheWrap.com) - Byron Allen's plan to make a biographical movie out of Sammy Davis, Jr.'s life has hit a bum note with a man claiming to already own the rights to the story, and now Allen is being sued to the tune of $35 million.
In a complaint filed at Los Angeles Superior Court on Friday, Rick Appling claims that he had acquired the rights to make a movie out of "The Candy Man" singer Davis' life from his daughter, Tracey Davis, in Feb 2011.
According to Appling, he paid to maintain the rights to the story for three years, and teamed with Invasion TV and Ampersand Media to develop the project, even attracting the interest of Leonardo DiCaprio's production company Appian Way.
However, in December of that year, Appling read that Allen's Entertainment Studios had acquired the rights to the story from Davis in order to make a movie as well, and since then Appling's partners have cooled on the project, saying that two different companies claiming ownership of the rights to Davis' life would be a deal-breaker.
Appling claims that, during a phone call, Byron acknowledged to Appling that Davis told him that she had already sold the rights to Appling when she and Allen executed their own agreement.
Allen's company, Entertainment Studios -- which is also named as a defendant in the suit - has not yet responded to TheWrap's request for comment.
Claiming tortious interference with contract; tortious interference with prospective contractual relations; and intentional interference with prospective economic advantage, Appling is asking for $35 million. Plus court costs.
He also wants a declaratory judgment that he is the current owner of the rights to Davis' life story for the purpose of a feature film or documentary.
Davis died in 1990 at the age of 64.
(Pamela Chelin contributed to this report)
Source: http://news.yahoo.com/byron-allen-sued-35m-over-sammy-davis-biopic-174907288.html
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