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CORCORAN v. COLUMBIA BROADCASTING SYSTEM

No. 9664.

121 F.2d 575 (1941)

CORCORAN v. COLUMBIA BROADCASTING SYSTEM, Inc., et al.

Circuit Court of Appeals, Ninth Circuit.

June 30, 1941.

Attorney(s) appearing for the Case

Blase A. Bonpane, of Hollywood, Cal., for appellant.

Frederick Leuschner and Richard Harper Graham, both of Los Angeles, Cal., for appellee Montgomery Ward & Co.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

The appeal is from a judgment awarding attorneys' fees in a suit for infringement of copyright, the allowance being made under the claimed authority of § 40 of the Copyright Act (Act of March 4, 1909, c. 320, 35 Stats. 1084, 17 U.S.C.A. § 40), providing that the court "may award to the prevailing party a reasonable attorney's fee as part of the costs."

Appellant was the plaintiff below. The defendants (appellees) filed a motion...

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