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H. A. Toulmin, Jr. v. The Rike-Kumler Company and Miami Valley News Agency, Inc.

H. A. TOULMIN, Jr., Plaintiff-Appellant, v. the RIKE-KUMLER COMPANY and Miami Valley News Agency, Inc., Defendants-Appellees

H. A. Toulmin, Jr. v. The Rike-Kumler Co. & Miami Valley News Agency, 316 F.2d 232 (6th Cir. 1963)
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Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
April 17, 1963
Docket
No. 15107_1
Judges
Miller, O'Sullivan, McAllister
Citations
316 F.2d 232137 U.S.P.Q. (BNA) 4991963 U.S. App. LEXIS 5571

Opinion

ORDER.

In this action charging the defendants with violation of the plaintiff's copyright, in that the defendants published a book by a different author which contained a deliberate copy of a sentence and a half from plaintiff’s copyrighted book of 142 pages which has been out of print since 1936, with no plans or intentions at any time to republish or reprint the book, the District Judge was of the opinion, among other things, that this was a clear case of de minimis and entered judgment for the defendants.

It is ordered that the judgment be affirmed with costs assessed against the appellant.

How later courts describe this case

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1963: 11966: 119632026peak 1963 · 1

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