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CHURCHILL LIVINGSTONE, INC. v. WILLIAMS & WILKINS

95 Civ. 8597 (MBM).

949 F.Supp. 1045 (1996)

CHURCHILL LIVINGSTONE, INC., Plaintiff, v. WILLIAMS & WILKINS, a Division of Waverly, Inc. and Thomas W. Sadler, Defendants.

United States District Court, S.D. New York.

December 16, 1996.

Attorney(s) appearing for the Case

David Rabinowitz, Philippe Zimmerman, Stanley Rothenberg, of Counsel, Moses & Singer LLP, New York City, for Plaintiff.

Brian E. Moran, Eric W.G. Dawson, Ralph W. Johnson III, Robinson & Cole, New York City, for Defendants.

E. Gabriel Perle, Ohlandt, Greeley, Ruggiero & Perle, of Counsel, Stamford, CT, for Defendants.

OPINION AND ORDER

MUKASEY, District Judge.

Plaintiff Churchill Livingstone, Inc., sues defendants Williams & Wilkins and Thomas W. Sadler for copyright infringement. Plaintiff moves and defendants cross-move for summary judgment on the issue of substantial similarity. For the reasons stated below, defendants' motion is granted and plaintiff's motion is denied.

I.

The following facts are drawn from the pleadings, affidavits and Local...

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