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DONALD v. ZACK MEYER'S T. V. SALES AND SERVICE

No. 28447.

426 F.2d 1027 (1970)

O. W. DONALD, Plaintiff-Appellee, v. ZACK MEYER'S T. V. SALES AND SERVICE et al., Defendants, Moore Business Forms, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 8, 1970.

Attorney(s) appearing for the Case

Jerry L. Buchmeyer, Dallas, Tex., for defendant-appellant.

John C. Stahl, San Antonio, Tex., for plaintiff-appellee.

Other interested parties: Charlie D. Dye, Austin, Tex., for Zack Meyer's T. V. Sales & Service.

Before WISDOM, GOLDBERG and INGRAHAM, Circuit Judges.

GOLDBERG, Circuit Judge.

In this infringement suit a maker of business forms seeks copyright protection1 for a common legal form. The characters in this drama are O. W. Donald, the copyright claimant; Moore Business Forms, Inc., the alleged infringer; and Zack Meyer's T. V. Sales and Service, the innocent bystander. Act I of this play ended when the trial court found for Donald. We rewrite the script and reverse.

In 1961 Donald...

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