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UNIVERSAL ATHLETIC SALES CO. v. SALKELD

No. 74-1456.

511 F.2d 904 (1975)

UNIVERSAL ATHLETIC SALES CO., a corporation v. Larry SALKELD et al. Appeal of Donald E. PINCHOCK et al.

United States Court of Appeals, Third Circuit.

Decided February 28, 1975.

Attorney(s) appearing for the Case

Thomas H. Murray, Brown, Murray, Flick & Peckham, Pittsburgh, Pa., Hymen Diamond, Monroeville, Pa., Floyd B. Carothers, Carothers & Carothers Pittsburgh, Pa., Lawrence G. Zurawsky, Pittsburgh, Pa., for appellants.

Robert D. Yeager, Yeager, Stein & Wettach, Pittsburgh, Pa., Lewis M. Dalgarn, Los Angeles, Cal., for appellee; Nilsson, Robbins, Bissell, Dalgarn & Berliner, Los Angeles, Cal., of counsel.

Before ALDISERT, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

A chart picturing approved methods to develop physical prowess on a weight-lifting machine leads us to an intellectual exercise in the copyright arena. While weight lifting has the virtue of a rigidly disciplined routine, the copyright law offers, in the main, elusive and nebulous abstractions. And so, while we conclude that the district court erred in finding infringement, we do so without the certainty and satisfaction...

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