Gustin v. Record Pub. Co.

J. B. McPHERSON, District Judge.

This case presents the same question that was decided in Rinehart v. Smith (C. C.) 121 Fed. 148, namely, whether the action of replevin, as it is practiced in the state of Pennsylvania, is an appropriate remedy to enforce the forfeiture provided by section 4965 of the Revised Statutes (U. S. Comp. St. 1901, p. 3414), and by the subsequent legislation relating to copyright. The reasons there referred to, which moved the court to answer the question in the negative, are expressed more at length in Falk v. Curtis Pub. Co., 102 Fed., on page 970, reported on appeal…