alexarkadin wrote:
Page 20:
"Nick Fury was based on a discontinued series from the WW11 era entitled "Sgt. Fury and His Howling Commandos."  Lee brought Fury back to life, and oversaw the creation of the comic book using the Marvel Method. Jack Kirby was assigned to draw the artwork for the series."
Alex:

I think this supports my theory. I don't think the judge confused Captain America with Nick Fury at all. She confused the publication time for Sgt. Fury & His Howling Commandos - thinking that it was published during the Second World War. (Note that she also thinks Nick's initial contemporary appearance was the first S.H.I.E.L.D. strip rather than his guest star turn in FF.)


As to Fantastic Four # 1 - there has never been anyone or anything to dispute the notion that Martin Goodman initiated the project by requesting a super hero book and that Jack Kirby did not begin work on the Fantastic Four until asked to do so by Stan Lee.  Even if Jack created the characters all by himself, it is immaterial as it was still a work for hire assignment.