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FRYE v. YMCA CAMP KITAKI

No. 09-3010.

617 F.3d 1005 (2010)

Tom J. FRYE, Appellant, v. YMCA CAMP KITAKI; Russ Koos, Program Director, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 20, 2010.

Attorney(s) appearing for the Case

Brett McArthur , argued, Lincoln, NE, for appellant.

Terry R. Wittler , argued and briefed, Lincoln, NE ( Laura Arp , Law Student, on the brief), for appellees.

Before LOKEN, HANSEN, and MELLOY, Circuit Judges.

HANSEN, Circuit Judge.

Tom Frye appeals the district court's1 conclusion that the YMCA's play Knight-Quest does not infringe the copyright for his play Kastleland. We hold that the district court's finding that the two plays are not substantially similar is not clearly erroneous. Consequently, the YMCA did not infringe Frye's copyright, and we affirm.

I.

The YMCA operates a summer camp in Nebraska called...

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