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EISENSCHIML v. FAWCETT PUBLICATIONS

No. 11830.

246 F.2d 598 (1957)

Otto EISENSCHIML, Plaintiff-Appellant, v. FAWCETT PUBLICATIONS, Inc., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied August 12, 1957.

Attorney(s) appearing for the Case

Elmer Gertz, Irwin S. Baskes, Chicago, Ill., for appellant.

Don H. Reuben, Frank A. Olson, Howard Ellis, Keith Masters, Chicago, Ill., (Kirkland, Fleming, Green, Martin & Ellis, Chicago, Ill., of counsel), for appellee.

Before DUFFY, Chief Judge, and FINNEGAN and SCHNACKENBERG, Circuit Judges.

DUFFY, Chief Judge.

The complaint herein alleges copyright infringement. Count I alleges defendant infringed plaintiff's copyrighted book "Why Was Lincoln Murdered?" (hereinafter sometimes referred to as "Why"). The second Count alleged the defendant infringed plaintiff's copyrighted book "In the Shadow of Lincoln's Death" (hereinafter sometimes referred to as "Shadow"). Plaintiff seeks an accounting for profits, damages and costs pursuant to the Copyright Act, 17...

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