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LEWIS v. KROGER CO.

Civ. Nos. 1319, 1320.

109 F.Supp. 484 (1952)

LEWIS v. KROGER CO. LEWIS v. PROCTER & GAMBLE DISTRIBUTING CO.

United States District Court S. D. West Virginia, Charleston Division.

December 4, 1952.

Attorney(s) appearing for the Case

Eston B. Stephenson, William T. George, Jr., Mrs. A. Carl Carey, Jr., Charleston, W. Va., for plaintiff.

Jackson, Kelly, Morrison & Moxley, Charleston, W. Va. (William T. O'Farrell, Charleston, W. Va.) Wood Herron & Evans, Cincinnati, Ohio (Truman A. Herron, Cincinnati, Ohio) for Kroger Co.

Spilman, Thomas & Battle, Charleston, W. Va. (Howard R. Klostermeyer, Charleston, W. Va.) Coudert Brothers, New York City (Walter R. Barry, New York City) for Procter & Gamble Co.

BEN MOORE, Chief Judge.

These cases are civil actions brought under 17 U.S.C.A. § 101, to recover damages and profits for alleged infringement of a copyright held by plaintiff. Since they present similar questions of fact and law they will be considered together. Any differences that appear will be appropriately noted.

Plaintiff is the author of a copyrighted "print" publication entitled "Tell Why Contest." The "Tell Why Contest" was first printed in...

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