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SAMMONS v. COLONIAL PRESS

Nos. 3735, 3736.

126 F.2d 341 (1942)

SAMMONS et al. v. COLONIAL PRESS, Inc., et al. COLONIAL PRESS, Inc., v. SAMMONS et al.

Circuit Court of Appeals, First Circuit.

Rehearing Denied March 12, 1942.

Attorney(s) appearing for the Case

Robert V. Jones, of Chicago, Ill. (Arthur Thad Smith, of Boston, Mass., on the brief), for Sammons and others.

Stanley G. Barker, of Worcester, Mass. (Thayer, Smith & Gaskill, of Worcester, Mass., on the brief), for Colonial Press, Inc.

No appearance or argument for other appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

MAGRUDER, Circuit Judge.

These are cross-appeals in a suit for copyright infringement.

The main question is whether under § 25(b) of the Copyright Act of 1909, 35 Stat. 1081, 17 U.S.C.A. § 25(b), a contract printer is jointly liable with the infringing publisher for the profits which the latter made from sales of the infringing book, the plaintiffs having offered no evidence of actual damages from the infringement...

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