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EHAT v. TANNER

No. 84-1787.

780 F.2d 876 (1985)

Andrew F. EHAT, Plaintiff-Appellee, v. Jerald TANNER and Sandra Tanner, dba Modern Microfilm Company, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 10, 1986.

Attorney(s) appearing for the Case

Brian M. Barnard, Salt Lake City, Utah, for defendants-appellants.

Gordon A. Madsen (Robert Cummings with him on the brief), Salt Lake City, Utah, for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, SEYMOUR, Circuit Judge, and BALDOCK, District Judge.

SEYMOUR, Circuit Judge.

Andrew Ehat brought this action against Gerald and Sandra Tanner, dba Modern Microfilm Company (the Tanners), alleging injury from the Tanners' unauthorized reproduction and sale of literary material in which Ehat claimed a proprietary interest. Judgment was entered against the Tanners, and they appeal. We reverse.

Ehat was a scholar engaged in post-graduate research on the history of the Church...

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