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MARCUS v. ROWLEY

No. 80-5222.

695 F.2d 1171 (1983)

Eloise Toby MARCUS, Plaintiff/Appellant, v. Shirley ROWLEY and San Diego Unified School District, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 6, 1983.

Attorney(s) appearing for the Case

Rex Perschbacher, USD Legal Clinics, San Diego, Cal., for plaintiff/appellant.

Ernestine Douglas Littlejohn, San Diego, Cal., for defendants/appellees.

Before POOLE and BOOCHEVER, Circuit Judges, and PFAELZER, District Judge.

PFAELZER, District Judge:

This is an appeal from a dismissal on the merits of a suit for copyright infringement brought by a public school teacher who is the owner of a registered copyright to a booklet on cake decorating. The defendant, also a public school teacher, incorporated a substantial portion of the copyrighted work into a booklet which she prepared for use in her classes. Both parties moved the district court for summary judgment. The district court denied...

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