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INDEPENDENT NEWS CO. v. WILLIAMS

Nos. 17098-17100.

404 F.2d 758 (1968)

INDEPENDENT NEWS CO., Inc., National Comics Publications, Inc., Superman, Inc. v. Harry WILLIAMS, Independent News Co., Inc., Appellant in No. 17,098, National Comics Publications, Inc., Appellant in No. 17,099, Superman, Inc., Appellant in No. 17,100.

United States Court of Appeals Third Circuit.

Decided December 4, 1968.

Attorney(s) appearing for the Case

K. Robert Conrad, Pepper, Hamilton & Sheetz, Philadelphia, Pa., for appellants; (Gerard J. Carpency, Philadelphia, Pa., on the brief).

William R. Pomerantz, Pomerantz & Lacko, Philadelphia, Pa., for appellee.

Before HASTIE, Chief Judge, and SEITZ and ALDISERT, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Plaintiffs appeal the dismissal of their complaint by the district court after final hearing.

Plaintiffs' five count complaint seeking an injunction and damages was filed in 1960. Plaintiffs, Superman, Inc., and National Comics Publications, Inc. ("National") own the copyright and trademark, and are the publishers of, inter alia, certain comic books. Plaintiff, Independent News Co., Inc. ("Independent")...

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