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ADVERTISERS EXCHANGE v. ANDERSON

Nos. 12844, 12846.

144 F.2d 907 (1944)

ADVERTISERS EXCHANGE, Inc., v. ANDERSON. ANDERSON v. ADVERTISERS EXCHANGE, Inc.

Circuit Court of Appeals, Eighth Circuit.

October 2, 1944.

Attorney(s) appearing for the Case

E. L. Carroll, of Creston, Iowa, and Louis Fieldman, of New York City, for Advertisers Exchange, Inc.

Kenneth H. Davenport, of Creston, Iowa, for Hazel Anderson.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

The action is one for copyright infringement, 37 Stat. 489, 17 U.S.C.A. § 25, dismissed by the trial court on the merits, D.C., 52 F.Supp. 809. Plaintiff has appealed from the dismissal, and defendant has appealed from the refusal to award her an attorney's fee under 35 Stat. 1084, 17 U.S.C.A. § 40.

Plaintiff had copyrighted as "books", under 37 Stat. 488, 17 U.S.C.A. § 5(a), some...

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