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YARDLEY v. HOUGHTON MIFFLIN CO.

No. 65.

108 F.2d 28 (1939)

YARDLEY v. HOUGHTON MIFFLIN CO., Inc.

Circuit Court of Appeals, Second Circuit.

December 11, 1939.

Attorney(s) appearing for the Case

Sidney S. Bobbé, of New York City, for appellant.

Allan C. Bakewell and Thomas J. Byrne, both of New York City, for appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

SWAN, Circuit Judge.

Before passing to a consideration of the interesting questions presented by this appeal it is desirable to state in outline the facts that give rise to them. The amended complaint seeks damages for infringement of a registered copyright of a mural picture painted by Charles Y. Turner and placed by him on the wall of the auditorium room of the DeWitt Clinton High School. Mr. Turner executed this painting pursuant to a written contract, dated January...

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