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SARKADI v. WIMAN

No. 222.

135 F.2d 1002 (1943)

SARKADI v. WIMAN.

Circuit Court of Appeals, Second Circuit.

May 17, 1943.

Attorney(s) appearing for the Case

Nathan B. Kogan and Arthur S. Gales, both of New York City, for appellant.

Cohen, Cole, Weiss & Wharton, of New York City, (Harry J. Leffert and Samuel D. Cohen, both of New York City, and Frank J. Gallagher, of Brooklyn, of counsel), for appellee.

Before AUGUSTUS N. HAND, CHASE and CLARK, Circuit Judges.

CHASE, Circuit Judge.

The plaintiff is the author of a play called "The Angel" which was duly copyrighted and registered under the publication date of September 2, 1929. The defendant Wiman is the producer of a play entitled "I Married an Angel" and it is this play, which appeared as a musical comedy, which plaintiff alleges infringes his work. The plaintiff claims that the court erred in finding no access, in concluding that the two works were dissimilar, and in...

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