BRATTLEBORO PUBLISHING CO. v. WINMILL PUBLISHING CORP.

No. 89, Docket 30407.

369 F.2d 565 (1966)

BRATTLEBORO PUBLISHING CO., Appellant, v. WINMILL PUBLISHING CORP., Appellee.

United States Court of Appeals Second Circuit.

Decided November 28, 1966.


Attorney(s) appearing for the Case

Arthur B. Hanson, Washington, D. C. (Emmett E. Tucker, Jr., J. Dapray Muir, Washington, D. C., of counsel; James L. Oakes, Brattleboro, Vt., on the brief), for appellant.

John S. Burgess, Brattleboro, Vt., for appellee.

Arthur B. Hanson, Washington, D. C. (Emmett E. Tucker, Jr., J. Drapay Muir, Washington, D. C., of counsel), for the American Newspaper Publishers Association, amicus curiae.

Gerhard P. Van Arkel, Washington, D. C. (Van Arkel & Kaiser, Washington, D. C., of counsel), for the International Typographical Union, amicus curiae.

Donald B. Southard, Keith J. Kulie, Chicago, Ill. (Burmeister & Kulie, Chicago, Ill., of counsel), for the National Association of Advertising Publishers, amicus curiae.

Before LUMBARD, Chief Judge, MOORE and KAUFMAN, Circuit Judges.


KAUFMAN, Circuit Judge:

Appellant publishes a daily newspaper known as the "Brattleboro Daily Reformer" (hereafter Reformer), which is circulated in the environs of Brattleboro, Vermont. Appellee publishes a weekly pamphlet or direct-mail circular known as the "Brattleboro Town Crier" (hereafter Town Crier), and distributes it without charge in the same area. The Reformer contends that through use of a photo off-set printing...

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