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KALEM CO. v. HARPER BROS.

No. 26.

222 U.S. 55 (1911)

32 S.Ct. 20

56 L.Ed. 92

KALEM COMPANY v. HARPER BROTHERS.

Supreme Court of United States.

Decided November 13, 1911.

Attorney(s) appearing for the Case

Mr. John W. Griggs and Mr. Drury W. Cooper for appellant.

Mr. John Larkin for appellee Harper Brothers.

Mr. David Gerber for appellees Klaw & Erlanger.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is an appeal from a decree restraining an alleged infringement of the copyright upon the late General Lew Wallace's book `Ben Hur.' 169 Fed. Rep. 61. 94 C.C.A. 429. The case was heard on the pleadings and an agreed statement of facts, and the only issue is whether those facts constitute an infringement of the copyright upon the book. So far as they need to be stated here they are as follows. The appellant...

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