WIHTOL v. CROW

No. 16963.

309 F.2d 777 (1962)

Austris A. WIHTOL, doing business as Kalmin, Mohr & Apsit, and Austris A. Wihtol and Elly L. Wihtol, doing business as The Kama Co., Appellants, v. Nelson E. CROW, First Methodist Church of Clarinda, Iowa, and Clarinda, Iowa, School District, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 5, 1963.


Attorney(s) appearing for the Case

Melville V. Nimmer, Los Angeles, Cal., for appellants.

Richard G. Langdon and David W. Belin, Des Moines, Iowa, for appellee Clarinda, Iowa, School District.

Richard G. Davidson, Clarinda, Iowa, William C. Hemphill, of Stipe, Davidson & Hemphill, Clarinda, Iowa, on the brief, for appellees Nelson E. Crow and First Methodist Church of Clarinda, Iowa.

Before SANBORN and BLACKMUN, Circuit Judges, and REGISTER, District Judge.


SANBORN, Circuit Judge.

The appellants were the plaintiffs in an action for injunctive relief and damages against the defendants (appellees) for the alleged infringement of copyrights covering a musical composition consisting of a song or hymn entitled "My God and I." From a judgment dismissing the complaint and awarding the defendants costs and attorneys' fees (199 F.Supp. 682), the plaintiffs have appealed.

The song...

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