ATLANTIC MONTHLY CO. v. POST PUB. CO.

No. 2812.

27 F.2d 556 (1928)

ATLANTIC MONTHLY CO. v. POST PUB. CO.

District Court, D. Massachusetts.

July 3, 1928.


Attorney(s) appearing for the Case

Thompson, Spring & Mears and Romney Spring, all of Boston Mass., for plaintiff.

Edmund A. Whitman, of Boston, Mass., for defendant.


MORTON, District Judge.

This is a suit to restrain infringement of copyright, and to recover damages and profits, or, in the alternative, an award in lieu of damages, under section 25 of the Copyright Law (17 USCA § 25). It was fully heard in open court, both on liability and damages. The facts are as follows:

The article in question was an open letter from Alfred E. Smith, Governor of New York, to Charles C. Marshall, in reply to an article by Mr. Marshall...

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