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STIVERS v. SIR FRANCIS DRAKE HOTEL CO.

No. 13374.

205 F.2d 4 (1953)

STIVERS v. SIR FRANCIS DRAKE HOTEL CO., Inc. et al.

United States Court of Appeals Ninth Circuit.

Rehearing Denied July 14, 1953.

Attorney(s) appearing for the Case

Oscar A. Mellin, LeRoy Hanscom and Jack E. Hursh, San Francisco, Cal., for appellants.

Sheldon G. Cooper and George A. Helmer, San Francisco, Cal. (Cooper, White & Cooper, San Francisco, Cal., of counsel), for appellees Chronicle Pub. Co.

Jack M. Howard, Naylor & Lassagne, Jas. M. Naylor, San Francisco, Cal., for appellees Sir Francis Drake Hotel Co., Inc., and Botsford, Constantine & Gardner.

Before DENMAN, Chief Judge, and HEALY and ORR, Circuit Judges.

HEALY, Circuit Judge.

This is an appeal from a judgment for appellees in a copyright infringement suit brought by appellant. Appellant is the owner of a copyrighted book entitled "Stivers Studio Handbook No. 5" which contains numerous illustrations intended for use by advertising agencies and advertisers in the preparation of advertising material. Appellant distributed the book to potential users, including appellee Botsford, upon a loan basis, with the expressed...

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