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CHAPPELL & CO. v. PALERMO CAFE CO.

Nos. 5228, 5229.

249 F.2d 77 (1957)

CHAPPELL & CO., Inc., et al., Plaintiffs, Appellants, v. PALERMO CAFE CO., Inc., Defendant, Appellee. PALERMO CAFE CO., Inc., Defendant, Appellant. v. CHAPPELL & CO., Inc., et al., Plaintiffs, Appellees.

United States Court of Appeals First Circuit.

October 31, 1957.

Attorney(s) appearing for the Case

Walter Powers, Boston, Mass., with whom Bertram H. Loewenberg and Walter Powers, Jr., Boston, Mass., were on brief, for Chappell & Co., Inc., et al.

Joseph J. Hurley, Boston, Mass., with whom Joseph F. O'Connell, Jr., Boston, Mass., was on brief, for Palermo Cafe Co., Inc.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

MAGRUDER, Chief Judge.

These cross-appeals seem to us to present very simple questions; perhaps the seeming simplicity is a deceptive one.

Plaintiffs brought suit in the United States District Court for the District of Massachusetts for infringement of two separate, still extant copyrights, pursuant to 17 U.S.C. § 101(a) and (b). The prayer of the complaint was, first, for an injunction against future infringements, and, second, that "the defendant be...

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