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SHAPIRO, BERNSTEIN & CO. v. 4636 S. VERMONT AVE., INC.

No. 20368.

367 F.2d 236 (1966)

SHAPIRO, BERNSTEIN & CO., Inc., Appellant, v. 4636 S. VERMONT AVE., INC., a California corporation doing business as Reed's Music Store, Appellee.

United States Court of Appeals Ninth Circuit.

September 29, 1966.

Attorney(s) appearing for the Case

Bennett W. Priest, Henry C. Thumann, O'Melveny & Myers, Los Angeles, Cal., for appellant.

Robert D. Hornbaker, Mahoney, Halbert & Hornbaker, Los Angeles, Cal., for appellee.

Julian T. Abeles, Robert C. Osterberg, Abeles & Clark, New York City, for amicus curiae, Music Publishers' Protective Ass'n.

Before BARNES and DUNIWAY, Circuit Judges, and McNICHOLS, District Judge.

BARNES, Circuit Judge:

This is an appeal from a final judgment of the United States District Court for the Southern District of California, Central Division, which found that defendant-appellee had infringed plaintiff-appellant's copyrights, but denied damages to plaintiff, denied an injunction to plaintiff, and awarded defendant its attorney fees.

The district court had jurisdiction pursuant to 28 U.S.C. § 1338...

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