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.”

The play, authored by Robert Askins, is the story of Jason, a shy and repressed boy with a satanic sock puppet named Tyrone. Jason performs segments of the legendary comedy routine, slightly over a minute in all, to impress a girl in his very religious hometown. When Jason fibs that he made up the routine himself, Tyrone calls him out on the lie.