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OXFORD BOOK CO. v. COLLEGE ENTRANCE BOOK CO.

No. 380.

98 F.2d 688 (1938)

OXFORD BOOK CO., Inc., v. COLLEGE ENTRANCE BOOK CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

July 29, 1938.

Attorney(s) appearing for the Case

Stanley Garten, of New York City, for appellant College Entrance Book Co., Inc.

Griggs, Baldwin & Baldwin, of New York City (Peter F. McAllister and Stanley Garten, both of New York City, on the brief), for appellants Fraser and Pikholtz.

Gray & Grossman, of New York City (Herman A. Gray and Sidney R. Fleisher, both of New York City, of counsel), for appellee Oxford Book Co.

Before MANTON, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The complaint originally charged the defendants with infringement of the plaintiff's statutory copyright on a book entitled "Visualized American History" written by Philip Dorf and first published by the plaintiff in October 1933. During the trial in the District Court for the Southern District of New York, the complaint was amended at the suggestion of the trial judge to include a charge of unfair competition. See, Hurn v. Oursler,

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