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CARL FISCHER, INC. v. SHANNON

No. 1537.

26 F.Supp. 727 (1938)

CARL FISCHER, Inc., et al. v. SHANNON, State Treasurer of Montana, et al.

District Court, D. Montana.

December 28, 1938.

Attorney(s) appearing for the Case

Wm. B. Jones and Gunn, Rasch, Hall & Gunn, all of Helena, Mont., for plaintiffs.

Harrison J. Freebourn, Atty. Gen. of Montana, N. A. Rotering, First Asst. Atty. Gen. of Montana, Enor K. Matson, Asst. Atty. Gen. of Montana, and John K. Claxton, of Butte, Mont., for defendants.

Before HANEY, Circuit Judge, and PRAY and BALDWIN, District Judges.

HANEY, Circuit Judge.

This is a suit to enjoin the enforcement of an act of the Montana legislature, on the ground that it violates the Montana and federal Constitutions, the declared purposes of the act being to aid the federal copyright laws and to prevent monopolies and combinations in restraint of trade.

Section 2 of the act in question1 provides that it is unlawful for two or more persons, holding separate copyrighted works...

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