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HOAGUE-SPRAGUE CORPORATION v. FRANK C. MEYER CO.

27 F.2d 176 (1928)

HOAGUE-SPRAGUE CORPORATION v. FRANK C. MEYER CO., Inc.

District Court, E. D. New York.

May 28, 1928.

Attorney(s) appearing for the Case

Fish, Richardson & Neave, of Boston, Mass. (A. D. Salinger and Hector M. Holmes, both of Boston, Mass., of counsel), for the motion.

Dyke & Schaines, of New York City (H. H. Dyke, of New York City, of counsel), opposed.

INCH, District Judge.

Plaintiff has sued defendant for alleged violation of plaintiff's copyright, and in said suit now makes this motion for a preliminary injunction. The defendant, in addition to the opposing of this motion of plaintiff, moves to dismiss the complaint, on the ground that, as a matter of law, the alleged copyright of plaintiff is invalid.

At the outset there is another point for dismissal, made by the defendant, which should be mentioned...

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