Legal Opinion
Richard S. Prather v. Neva Paperbacks, Inc.
Court of Appeals for the Fifth Circuit
Decided June 22, 1971No. 30515PublishedCited by 66 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
This is a copyright infringement suit in which the plaintiff alleges that the defendants’ book, “Call Box,” was plagiarized from several of plaintiff’s novels. The trial court granted summary judgment for the defendants on the ground that 17 U.S.C.A. § 115(b), 1 the three year statute of limitations applicable to infringement actions, barred plaintiff’s suit. Finding that the last publication of the alleged infringing work occurred in June, 1964, but that suit was not filed until August, 1969, the district court concluded:
“Thus, without deciding whether local equitable…
2Cases cited8 opinions
- Holmberg v. ArmbrechtSupreme Court of the United States · 1946
- The Japanese War Notes Association of the Philippines, Inc. (Japwancap, Inc.) v. The United StatesUnited States Court of Claims · 1967
- Arkansas Natural Gas Co. v. SartorCourt of Appeals for the Fifth Circuit · 1935
- Jean N. Ammons v. The Franklin Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1965
- The Crummer Company and R. E. Crummer & Company v. Jessie Ball Du Pont, Etc.Court of Appeals for the Fifth Circuit · 1958
3 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Hobson v. WilsonCourt of Appeals for the D.C. Circuit · 1984
- Wood v. Santa Barbara Chamber of Commerce, Inc.Court of Appeals for the Ninth Circuit · 1983
- In Re Beef Industry Antitrust Litigation, Mdl Docket No. 248. Pony Creek Cattle Co., Inc., Musselman Ranch Co., Etc., Plaintiffs-Intervenors-Appellants v. The Great Atlantic & Pacific Tea Co., R. Dirk Agee v. Safeway Stores, Inc., Meat Price Investigators Association, Etc. v. Safeway Stores, Inc., Richard S. Lowe v. Safeway Stores, Inc., A. L. Black v. Albertson's, Inc., (Two Cases). Chaparral Cattle Corp. v. Safeway Stores, Inc., Burke Petersen v. Safeway Stores, Inc., Ronald Becker, on Behalf of Themselves and All Other Persons Similarlysituated v. Safeway Stores, Inc., John O. Varian v. Safeway Stores, Inc., Meat Price Investigators Association v. Safeway Stores, Inc., Etc., Little Ranch Co., Inc. v. The National Association of Food Chains, Etc., Ronald Becker, on Behalf of Themselves and All Other Persons Similarlysituated v. Safeway Stores, Inc., Etc.Court of Appeals for the Fifth Circuit · 1979
- Darrell Taylor, D/B/A Darrell Taylor Topographic Charts v. Joseph B. Meirick, D/B/A Lakes IllustratedCourt of Appeals for the Seventh Circuit · 1983
- Landers v. MiltonSupreme Court of Florida · 1979
61 more not listed; retrieve them via the Exa API.