HOLLZER, District Judge.
It appearing that on December 13, 1938, plaintiff filed this action for damages for alleged infringement of copyright, that on January 25, 1939, defendants filed motions to dismiss, and for a further and better statement and particulars and for attorneys' fees, one of the grounds for the motions to dismiss being that plaintiff had not stated a claim upon which relief could be granted, in that the complaint failed to allege that publication...
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