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SCHERR v. UNIVERSAL MATCH CORPORATION

No. 365, Docket 31962.

417 F.2d 497 (1969)

Stuart SCHERR and Steven Goodman, Plaintiffs-Appellants, v. UNIVERSAL MATCH CORPORATION and United States of America, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided October 15, 1969.

Attorney(s) appearing for the Case

Herbert Kanon, Bernard Olcott, New York City, for plaintiffs-appellants.

Edwin J. Jacob, Lauterstein & Lauterstein, New York City, for Universal Match Corp.

Brian J. Gallagher, Richard S. Toder, Asst. U. S. Attys., Robert M. Morgenthau, U. S. Atty., for United States.

Before WATERMAN, MOORE and FRIENDLY, Circuit Judges.

WATERMAN, Circuit Judge:

This is an action for copyright infringement brought by two ex-servicemen against Universal Match Corporation occasioned by Universal's commercial manufacture and sale of match books which bear a picture of a statue, entitled "The Ultimate Weapon." The statue had been created by plaintiffs during their service in the military. The complaint seeks an injunction against further infringement and an accounting of the profits, or, in lieu thereof...

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