ADVISERS, INCORPORATED v. WIESEN-HART, INC.

No. 12829.

238 F.2d 706 (1956)

ADVISERS, Incorporated, Appellant, v. WIESEN-HART, Inc., Appellee.

United States Court of Appeals Sixth Circuit.

November 27, 1956.


Attorney(s) appearing for the Case

Stanton T. Lawrence, Jr., New York City (Pennie, Edmonds, Morton, Barrows & Taylor, New York City, Walter S. Murray, Murray, Sackhoff & Murray, Cincinnati, Ohio, on the brief), for Advisers, Inc.

J. Warren Kinney, Jr., Cincinnati, Ohio, for Wiesen-Hart, Inc.

Before SIMONS, Chief Judge, and ALLEN and McALLISTER, Circuit Judges.


PER CURIAM.

In an action for copyright infringement, the district court held, on a motion for summary judgment, that a variance between the actual date of publication of a book, and the date of publication alleged in the certificate of copyright registration, required by law to be filed, rendered the copyright unenforceable, and that such certificate was, accordingly, incapable of supporting an action for copyright infringement.

It is provided, by Title 17...

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