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G. P. PUTNAM'S SONS v. LANCER BOOKS, INC.

239 F.Supp. 782 (1965)

G. P. PUTNAM'S SONS, Terry Southern and Mason Hoffenberg, Plaintiffs, v. LANCER BOOKS, INC., J. W. Clement Co., and Publishers Distributing Corporation, Defendants.

United States District Court S. D. New York.

February 5, 1965.

Attorney(s) appearing for the Case

Parker, Duryee, Benjamin, Zunino & Malone, New York City, Angelo A. Maurino, James G. Bernheim, New York City, of counsel, Rembar & Zolotar, New York City, Charles Rembar, New York City, of counsel, for plaintiffs.

Bernard L. Goldstein, New York City, for defendant Lancer Books, Inc.

Falk, Twelvetrees, Johnson & Seimer, Buffalo, N. Y., for defendant J. W. Clement Co., Amster & Rothstein, Morton Amster, Jesse Rothstein, New York City, of counsel.

Benjamin E. Winston, New York City, for defendant Publishers Distributing Corp.

McLEAN, District Judge.

This is an action for alleged copyright infringement and unfair competition. Plaintiffs have moved for a preliminary injunction. The court held a hearing at which testimony was taken and many of the essential facts were stipulated. The court finds the facts to be as follows.1

In or prior to 1958, plaintiffs Terry Southern and Mason Hoffenberg, who are American...

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