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FITZGERALD PUB. CO., INC. v. BAYLOR PUB. CO., INC.

Nos. 37, 140, Dockets 86-7361, 86-7363.

807 F.2d 1110 (1986)

FITZGERALD PUBLISHING CO., INC., Plaintiff-Appellant, Cross-Appellee, v. BAYLOR PUBLISHING CO., INC., Bill R. Baylor, World Color Press, Inc., and Baylor Publishing Co., and Community Enterprises, Inc., Defendants, World Color Press, Inc., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 17, 1986.

Attorney(s) appearing for the Case

R. Franklin Brown, New York City, for plaintiff-appellant, cross-appellee.

Edwin D. Akers, Jr., St. Louis, Mo. (Gallop, Johnson & Neuman, St. Louis, Mo., James A. Beldner, Seigel Sommers & Schwartz, New York City, of counsel), for defendant-appellee, cross-appellant.

Before FEINBERG, Chief Judge, CARDAMONE, Circuit Judge, and KELLEHER, District Judge.

CARDAMONE, Circuit Judge:

This copyright infringement suit arises because a copyright owner and a printer each entered into a contract with Bill Baylor, a "con artist" who towed them both out to sea on a raft of unkept promises. Both deals soon foundered, precipitating the instant litigation. Although the district court found that both Baylor and the printer willfully infringed the owner's copyright, it erroneously refused to hold them jointly and severally liable...

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