WHITE v. KIMMELL

No. 12862.

193 F.2d 744 (1952)

WHITE v. KIMMELL et al.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 21, 1952.


Attorney(s) appearing for the Case

Schauer, Ryon & McMahon, Robert W. McIntyre, Thomas M. Mullen, Santa Barbara, Cal., for appellant.

Leslie F. Kimmell, Laguna Beach, Cal., for appellees.

Before STEPHENS and HEALY, Circuit Judges, and McCORMICK, District Judge.


HEALY, Circuit Judge.

Appellant sought a declaratory judgment that a manuscript entitled "Gaelic," authored by Stewart Edward White, and a certain book by the same author entitled "The Job of Living," based on the Gaelic manuscript and quoting from it, are in the public domain and may be quoted without infringement of the copyright claimed by appellee Kimmell or the common-law proprietary rights claimed by her in Gaelic. For convenience appellant will be referred...

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