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PASTIME AMUSEMENT CO. v. M. WITMARK & SONS

No. 2301.

2 F.2d 1020 (1924)

PASTIME AMUSEMENT CO., Appellant, v. M. WITMARK & SONS, Appellee.

Circuit Court of Appeals, Fourth Circuit.

December 20, 1924.

Attorney(s) appearing for the Case

G. L. B. Rivers, of Charleston, S. C. (Hagood, Rivers & Young, of Charleston, S. C., on the brief), for appellant.

Thomas G. Haight, of Jersey City, N. J. (J. N. Nathans, of Charleston, S. C., William E. Arnaud, of Atlanta, Ga., and Nathan Burkan and Louis D. Frohlich, both of New York City, on the brief), for appellee.

Before WOODS, WADDILL, and ROSE, Circuit Judges.

ROSE, Circuit Judge.

The appellant was defendant below, and the appellee was plaintiff, and they will be so styled here. The facts in the case are fully set forth in the opinion of the learned District Judge in 298 F. 470, and need not be repeated. The defendant contends that (1) the plaintiff was not the proper party to maintain the suit; (2) that it had abandoned its right to obtain a copyright; (3) that the infringement was committed by an independent contractor...

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