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WIHTOL v. CROW

Civ. No. 4-1161.

199 F.Supp. 682 (1961)

Austris A. WIHTOL, doing business as Kalmin, Mohr & Apsit, and Elly L. Wihtol, doing business as the Kama Co., Plaintiffs, v. Nelson E. CROW, First Methodist Church of Clarinda, Iowa, Clarinda Iowa School District, Does I-V, Defendants.

United States District Court S. D. Iowa, Central Division.

November 22, 1961.

Attorney(s) appearing for the Case

Melville B. Nimmer, Nimmer & Selvin, Beverly Hills, Cal., and Clarence Cosson, Cosson, Stevens, Hauge & Cosson, Des Moines, Iowa, for plaintiffs.

Richard G. Davidson, Stipe, Davidson & Hemphill, Clarinda, Iowa, for defendant Nelson E. Crow.

M. M. Dryden, Turner & Dryden, Clarinda, Iowa, and Richard G. Davidson, Clarinda, Iowa, for defendant First Methodist Church of Clarinda, Iowa.

David W. Belin and Richard G. Langdon, Herrick, Langdon, Sandblom & Belin, Des Moines, Iowa, for defendant Clarinda, Iowa, School District.

STEPHENSON, Chief Judge.

This is an action to enjoin infringement of a copyright and for damages arising from the alleged infringement which was tried to the Court.

Findings of Fact

Plaintiff, Austris A. Wihtol, now doing business as Kalmin, Mohr & Apsit, published a hymn entitled "My God and I" on August 15, 1935, with proper copyright notice thereon and duly registered the same in the United States...

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