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R. L. POLK & CO. v. MUSSER

Civ. No. 10808.

105 F.Supp. 351 (1952)

R. L. POLK & CO. v. MUSSER et al.

United States District Court, E. D. Pennsylvania.

January 11, 1952.

Attorney(s) appearing for the Case

Newberg, Grubb & Junkin, Paul I. Guest, Philadelphia, Pa., Everett H. Wells, Detroit, Mich., for plaintiff.

Zachary T. Wobensmith, 2nd, Philadelphia, Pa., for defendants.

KIRKPATRICK, Chief Judge.

I am of the opinion that the plaintiff has missed, by a narrow margin, proving what the law requires in order to establish copyright infringement in a case of this kind — namely, that the defendants made use, by copying, of a substantial part of the plaintiff's directory.

The plaintiff published a directory of the City of Lebanon and vicinity for 1948; and the defendants, one for 1949. The evidence establishes that, among the...

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