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GROVE PRESS, INC. v. CHRISTENBERRY

No. 182, Docket 25861.

276 F.2d 433 (1960)

GROVE PRESS, INC., and Readers' Subscription, Inc., Plaintiffs-Appellees, v. Robert K. CHRISTENBERRY, Individually and as Postmaster of the City of New York, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 25, 1960.

Attorney(s) appearing for the Case

S. Hazard Gillespie, Jr., U. S. Atty., New York City (Robert J. Ward, John W. Hasson, and Robert L. Tofel, Asst. U. S. Attys., New York City, on the brief), for defendant-appellant.

Charles Rembar, of Rembar, Zolotar & Leavy, New York City (Morton E. Yohalem and Sigmund Timberg, Washington, D. C., on the brief), for plaintiff-appellee Grove Press, Inc.

Jay H. Topkis, of Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for plaintiff-appellee Readers' Subscription, Inc.

Edgar W. Holtz, Acting Gen. Counsel, Max D. Paglin, Asst. Gen. Counsel, and Ruth V. Reel and Edward W. Hautanen, Counsel, F. C. C., Washington, D. C., for Federal Communications Commission, as amicus curiae.

Before CLARK, WATERMAN, and MOORE, Circuit Judges.

CLARK, Circuit Judge.

D. H. Lawrence completed the third manuscript version of his novel "Lady Chatterley's Lover" in Italy in 1928, and it was then published in Florence for private distribution. It is this version which has now been published by the plaintiff Grove Press, Inc., in a sumptuous edition selling for $6.00, with a prefatory letter of commendation by Archibald MacLeish, poet, playwright, and Boylston Professor of Rhetoric and Oratory at Harvard University...

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