An American professor's claim that the makers of blockbuster movie THE DAY AFTER TOMORROW plagiarised his novel have been thrown out by a German court.

HARVARD UNIVERSITY lecturer UBALDO DI BENEDETTO alleged the ROLAND EMMERICH disaster film had stolen sections of his 1993 novel POLAD DAY 9 - published under the teacher's pseudonym KYLE DONNER.

Cologne state court judge MARGARETE RESKE ruled on Wednesday (07JUL04) that the book and movie were based upon "entirely different stories" and the author's claims "simply could not be found".

Di Benedetto had asked the film's German distributor 20TH CENTURY FOX DEUTSCHLAND to publicise the alleged source in cinemas.

At a court hearing last month (JUN04), 20TH CENTURY FOX attorney THOMAS HERTEL said Emmerich had not heard of Di Benedetto's story.

08/07/2004 20:58