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BUCK v. GALLAGHER

No. 606.

36 F.Supp. 405 (1940)

BUCK et al. v. GALLAGHER, State Treasurer of Washington, et al.

District Court, W. D. Washington, S. D.

December 23, 1940.

Attorney(s) appearing for the Case

G. F. Vanderveer and H. W. Haugland, both of Seattle, Wash., and Louis D. Frohlich and Herman Finkelstein, both of New York City, for complainants.

Smith Troy and John E. Belcher, both of Olympia, Wash., and Alfred J. Schweppe, of Seattle, Wash., for defendant state officials.

B. Gray Warner, of Seattle, Wash., for defendant King County.

Kenneth C. Davis, of Los Angeles, Cal., C. C. Dill, of Spokane, Wash., and Leo Teats, of Tacoma, Wash., for intervener KMO, Inc.

Clark R. Belknap, of Seattle, Wash., for intervener Lockhart.

Before HANEY, Circuit Judge, and BOWEN and BLACK, District Judges.

HANEY, Circuit Judge.

This is a suit to enjoin enforcement of a Washington statute on the ground of its unconstitutionality. Laws 1937, c. 218. The cause has been submitted on an application for a permanent injunction.

Briefly stated, the statute attacked declares it to be unlawful for separate copyright owners to pool the copyrights in order to fix prices, collect fees, or issue blanket licenses for the use of such copyrights, except where the licenses are...

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