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KINELOW PUBLISHING CO. v. PHOTOGRAPHY IN BUSINESS, INC.

No. 63 Civ. 1341.

270 F.Supp. 851 (1967)

KINELOW PUBLISHING CO., Inc., Plaintiff, v. PHOTOGRAPHY IN BUSINESS, INC. and United Business Publications, Inc., Defendants.

United States District Court S. D. New York.

July 12, 1967.

Attorney(s) appearing for the Case

Halpern & Rothman, by Jessel Rothman, New York City, for plaintiff.

Saul E. Rogers, by Sol Ringel, New York City, for defendants.

OPINION

TYLER, District Judge.

This copyright infringement action was tried before the court without a jury on May 11 and 12, 1967. At the conclusion of the evidence on the second day, decision was reserved with the stipulation that if the court determines infringement by defendants, they will be entitled to reopen their case for additional proof in mitigation of damages. See 17 U.S.C. § 101.

The essential facts are not in serious dispute. Plaintiff...

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