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TWENTIETH CENTURY-FOX FILM CORP. v. DIECKHAUS

No. 13121.

153 F.2d 893 (1946)

TWENTIETH CENTURY-FOX FILM CORPORATION v. DIECKHAUS.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 25, 1946.

Attorney(s) appearing for the Case

John Fletcher Caskey, of New York City (Samuel W. Fordyce, George T. Priest, and Thomas W. White, all of St. Louis, Mo., and Edwin P. Kilroe, of New York City, were on the brief), for appellant.

J. Porter Henry, of St. Louis, Mo., (John Raeburn Green and Robert D. Evans, both of St. Louis, Mo., on the brief), for appellee.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.

WOODROUGH, Circuit Judge.

In her complaint in this action the plaintiff accused the defendant film corporation of copying her unpublished and uncopyrighted book "Love Girl" without her consent in the production and presentation by defendant of its sound motion picture "Alexander's Ragtime Band." There was jurisdiction by reason of diversity of citizenship and amount involved, and on the trial of the issue joined the court entered interlocutory decree in favor of the...

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