By 1956 The Flash, 26, was slowing down, when an editor at DC Comics commissioned Carmine Infantino to breathe some life into the speedy superhero, a lawsuit filed in Manhattan federal court says. Infantino, a 79-year-old New York illustrator, says he revived the declining character, originally created in 1940, and now he wants a federal judge to declare that he, not DC parent Time Warner Inc., owns the rights to the fastest man alive. Infantino says in his suit that he's also the creator of Batgirl, and he wants a court to acknowledge that too.