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FAWCETT PUBLICATIONS v. ELLIOT PUB. CO.

46 F.Supp. 717 (1942)

FAWCETT PUBLICATIONS, Inc., v. ELLIOT PUB. CO., Inc.

District Court, S. D. New York.

Supplemental Opinion July 9, 1942.

Attorney(s) appearing for the Case

De Witt, Van Aken & Nast, of New York City (William R. Lonergan, of New York City, of counsel), for plaintiff.

Maurice J. Fleishman, of New York City, for defendant.

CLANCY, District Judge.

This is a motion for summary judgment made by the plaintiff, the action being for an alleged infringement of a copyright. We note that the plaintiff states there is also involved a claim for unfair competition, but we find no such claim in the pleadings.

The plaintiff is engaged in the magazine publishing business as is the defendant. The plaintiff, on or about April 18, 1941, being then the author and proprietor of a publication known...

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