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SCHOLZ HOMES, INC. v. MADDOX

No. 17001.

379 F.2d 84 (1967)

SCHOLZ HOMES, INC., Plaintiff-Appellant, v. Jake H. MADDOX, Jr., and Boland-Maloney Lumber Company, Inc., Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

June 20, 1967.

Attorney(s) appearing for the Case

William Katzinski, Louisville, Ky., for appellant.

Joseph E. Stopher, Louisville, Ky., Joseph E. Stopher, A. J. Deindoerfer, Boehl, Stopher, Graves & Deindoerfer, Louisville, Ky., on brief, for Maddox.

Arthur W. Grafton, Louisville, Ky., Stuart E. Lampe, A. Wallace Grafton, Jr., Wyatt, Grafton & Sloss, Louisville, Ky., for Boland-Maloney Lumber Co.

Before CELEBREZZE, PECK, and McCREE, Circuit Judges.

McCREE, Circuit Judge.

This is an appeal from an order dismissing plaintiff-appellant's complaint which alleged that defendants-appellees had infringed plaintiff-appellant's copyrighted architectural plans and had engaged in unfair competition by marketing a house similar to that offered for sale by plaintiff-appellant.

Scholz Homes, Inc., held a copyright on plans for a split-level house which it marketed as its ...

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