Legal Opinion · Dissent

Twentieth Century-Fox Film Corp. v. Dieckhaus

Court of Appeals for the Eighth Circuit

Decided February 25, 1946No. 13121Published

1DissentJohnsen, Circuit Judge

If the typewritten manuscript, which ap-pellee proffered as Exhibit 5, with its sealed wrapper missing, was, without alteration or substitution of pages, the copy of her book which she mailed to herself in 1937 under post office registration and seal, then I do not feel able to say that the trial court’s findings on authorship, access and copying are clearly erroneous.

The similarities between appellant’s film production and appellee’s alleged ■ book, in scenes, characters and incidents, are so many and substantial that I think the trial court could properly conclude that general coincidence…

2Cases cited1 opinion

  1. Dieckhaus v. Twentieth Century-Fox Film CorporationDistrict Court, E.D. Missouri · 1944

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