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Scarecrow (Ebenezer Laughton) vs Scarecrow(Jonathan Crane)

Who wins?

http://en.dcdatabaseproject.com/Scarecrow#Powers

http://www.marveldatabase.com/Scarecrow_%28Ebenezer_Laughton%29#Powers

Could you post a scan of Ebenezer fighting? I can't decide quite yet.

So let me get this straight. Marvel pretty much just copied a DC villian? Was there any repercussions for this?