Page:Houghton Mifflin Co. v. Stackpole Sons (104 F.2d 306).pdf/1

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306
104 FEDERAL REPORTER, 2d SERIES

HOUGHTON MIFFLIN CO. v. STACKPOLE SONS, Inc., et al.

No. 358.

Circuit Court of Appeals, Second Circuit.

June 9, 1939.

Appeal from the District Court of the United States for the Southern District of New York.

Action by Houghton Mifflin Company against Stackpole Sons, Inc., and The Telegraph Press to restrain infringement of copyright and for damages and an ac­counting. From an order denying its mo­tion for a preliminary injunction, plaintiff appeals.

Reversed and remanded with instruc­tions.

Archie O. Dawson, of New York City (John D. Mooney and Hines, Rearick, Dorr & Hammond, all of New York City, of counsel), for appellant.

Philip Wittenberg, of New York City, for appellees.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.