SYMES, District Judge.
It seems to be the rule in this Circuit that the first question in a case of alleged literary larceny is whether there is any direct evidence of access by the defendant to the plaintiff's book. In the case at bar I find there is no such evidence. The most, and it's as far as the evidence goes, is that certain parties named were familiar with both plays and could have been the means through which defendant might have had access to the plaintiff...
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