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MOUNT v. BOOK-OF-THE-MONTH CLUB, INC.

No. 639, Docket 76-7458.

555 F.2d 1108 (1977)

Charles Merrill MOUNT, Plaintiff-Appellant, v. BOOK-OF-THE-MONTH CLUB, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 19, 1977.

Attorney(s) appearing for the Case

Charles Merrill Mount, Neponsit, N.Y., pro se.

Paul J. Newlon, New York City (Richard M. Zuckerman, and Paul, Weiss, Rifkind, Wharton & Garrison, New York City, on the brief), for defendant-appellee.

Before FEINBERG and TIMBERS, Circuit Judges, and DAVIS, Judge.

DAVIS, Judge:

Plaintiff-appellant, Charles Merrill Mount, author of "John Singer Sargent: A Biography," filed this suit on December 29, 1975, in the Southern District of New York against defendant-appellee Book-of-the-Month Club, alleging two separate counts of copyright infringement of his Sargent work. Defendant successfully moved for summary judgment on both counts. We agree with the District Court as to the first count and part of the second, but find it necessary...

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