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SIMONTON v. GORDON

12 F.2d 116 (1925)

SIMONTON v. GORDON et al.

District Court, S. D. New York.

February 17, 1925.

Attorney(s) appearing for the Case

O'Brien, Malevinsky & Driscoll, of New York City (M. L. Malevinsky and Richard J. Mackey, both of New York City, of counsel), for plaintiff.

W. Herbert Adams, of New York City (Arthur W. Weil and Samuel F. Frank, both of New York City, of counsel), for defendants.

KNOX, District Judge.

In this suit, claim is made that the play White Cargo, of which the defendant Gordon is the author, infringes upon the copyright covering plaintiff's novel, entitled Hell's Playground. The matter was previously before the court upon plaintiff's motion for a preliminary injunction, which came on to be heard before Judge Winslow. 297 F. 625.

After reading the book and the play, together with voluminous affidavits, which were submitted by...

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