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TIME, INC. v. MANNING

No. 22337.

366 F.2d 690 (1966)

TIME, INC., Appellant, v. Frank MANNING, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 9, 1966.

Attorney(s) appearing for the Case

Cicero C. Sessions, New Orleans, La., Cravath, Swaine & Moore, Harold R. Medina, Jr., New York City, Sessions, Fishman, Rosenson & Snellings, New Orleans, La., for appellant.

John E. Jackson, Jesse S. Guillot, New Orleans, La., for appellee.

Before JONES, WISDOM, and GEWIN, Circuit Judges.

WISDOM, Circuit Judge.

The questions for decision relate to jurisdiction and venue.

The complaint alleges that Frank Manning, an amateur astronomer in New Orleans, manufactures plastic "moonballs". One half of "Manning's Moonball" depicts the bright side of the moon; the other half lists information about the moon. In 1953, Manning obtained a copyright registration of a photograph of his "moonball", and in 1955, a copyright

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