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STUFF v. E. C. PUBLICATIONS, INC.

No. 292, Docket 27909.

342 F.2d 143 (1965)

Helen Pratt STUFF, Plaintiff-Appellant, v. E. C. PUBLICATIONS, INC., William M. Gaines, Independent News Co., Crown Publishers, Inc., Ballantine Books, Inc., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided March 2, 1965.

Attorney(s) appearing for the Case

Samuel J. Stoll, Jamaica, N. Y. (Feldman & Pollak, New York City, on the brief), for plaintiff-appellant.

Martin J. Scheiman, New York City (Scheiman, Albert & MacLean, New York City, on the brief), for defendants-appellees.

Before SMITH, KAUFMAN and ANDERSON, Circuit Judges.

SMITH, Circuit Judge.

Appellant, a holder of a United States copyright on a caricature of a grinning boy, sued defendants, publishers of "Mad" magazine for copyright infringement, in the United States District Court for the Southern District of New York. The Court, Lloyd F. MacMahon, District Judge, after trial without a jury, entered judgment dismissing the complaint on the merits. The Court held that the accused picture, a cartoon of a grinning boy to which defendants...

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