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MORRISSEY v. PROCTER & GAMBLE COMPANY

No. 6882.

379 F.2d 675 (1967)

Frank MORRISSEY, Plaintiff, Appellant, v. The PROCTER & GAMBLE COMPANY et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

June 28, 1967.

Attorney(s) appearing for the Case

Russell H. McGuirk and Raymond P. Blanchard, Portsmouth, N. H., with whom Flynn, Powell & McGuirk, Portsmouth, N. H., was on brief, for appellant.

Albert E. Strasser and Charles H. Melville, Cincinnati, Ohio, with whom Melville, Strasser, Foster & Hoffman, Cincinnati, Ohio, and Choate, Hall & Stewart, Boston, Mass., were on brief, for appellees.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

This is an appeal from a summary judgment for the defendant. The plaintiff, Morrissey, is the copyright owner of a set of rules for a sales promotional contest of the "sweepstakes" type involving the social security numbers of the participants. Plaintiff alleges that the defendant, Procter & Gamble Company, infringed, by copying, almost precisely, Rule 1. In its motion for summary judgment, based...

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