JOCKMUS v. LEVITON

No. 157.

28 F.2d 812 (1928)

JOCKMUS v. LEVITON et al.

Circuit Court of Appeals, Second Circuit.

October 29, 1928.


Attorney(s) appearing for the Case

Gifford & Scull, of New York City (George F. Scull, of New York City, of counsel), for appellants.

Howson & Howson, of New York City (Hubert Howson and Wm. S. Pritchard, both of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.


L. HAND, Circuit Judge (after stating the facts as above).

We are content to follow the ruling in Imperial Glass Co. v. Heisey, 294 F. 267 (C. C. A. 6), that a catalogue distributed generally to a trade is a publication within Revised Statutes § 4886, 35 USCA § 31. It may indeed be that such a document was not a "public work" under the act of 1836 (5 Stat. 117), and that Parsons v. Colgate (C. C.) 15 F. 600, was rightly decided, though the brief comment...

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