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ESTATE OF VANE v. THE FAIR, INC.

No. 87-2757.

849 F.2d 186 (1988)

ESTATE OF Dean M. VANE, Richard J. Vane, Executor substituted in place and stead of Dean M. Vane, Deceased, Plaintiff-Appellant Cross-Appellee, v. THE FAIR, INC., Defendant-Appellee, Cross-Appellant, Vance-Mathews, Incorporated, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 11, 1988.

Attorney(s) appearing for the Case

Dana Andrew LeJune, Neal J. Mosely, Houston, Tex., Alto V. Watson, Beaumont, Tex., for Estate of Vane.

Denise Hubbard, Lipscomb Norvell, Jr., Benckenstein, Norvell, Bernsen & Nathan, Beaumont, Tex., for Vance-Mathews, Inc.

Tom Hanna, Roger Hepworth, Mehaffy, Weber, Keith & Gonsoulin, Beaumont, Tex., for The Fair, Inc.

Before WISDOM, RUBIN, and JONES, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The owner of an infringed copyright asks this court to increase the amount of damages awarded it by the district court and to find liability on the part of a co-defendant the district court held to have been an innocent infringer. We find that the district court did not err in failing to base the damage award on those profits of the infringer allegedly attributable to the infringement because the infringer did not establish the amount...

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