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PRATHER v. NEVA PAPERBACKS, INC.

No. 30515.

446 F.2d 338 (1971)

Richard S. PRATHER, Plaintiff-Appellant, v. NEVA PAPERBACKS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 22, 1971.

Attorney(s) appearing for the Case

Richard L. Horn, Miami, Fla., Allan Milledge, Milledge & Horn, Miami, Fla., for plaintiff-appellant.

Herbert T. Schwartz, Bennett, Schwartz & Schwartz, Gainesville, Fla., for defendant-appellee Stanley R. Schrag.

Burnett Roth, Miami Beach, Fla., for Neva Paperbacks, Inc.

Before WISDOM, Circuit Judge, DAVIS, Judge, and GOLDBERG, Circuit Judge.

GOLDBERG, Circuit Judge:

This is a copyright infringement suit in which the plaintiff alleges that the defendants' book, "Call Box," was plagiarized from several of plaintiff's novels. The trial court granted summary judgment for the defendants on the ground that 17 U.S.C.A. § 115(b),1 the three year statute of limitations applicable to infringement actions, barred plaintiff's suit. Finding that the last publication of the alleged...

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