Oliver

Plaintiffs, under the trade name of Borden Publishing Company, charge that defendant corporation and certain individuals have plagiarized and infringed the copyright of the book entitled “A Dweller on Two Planets”, the property of complainants. They pray for injunction, a decree sustaining the copyright and its infringement by defendants, for an accounting of profits, for damages, and the impounding of all copies of the offending book to be finally destroyed.

For defense, defendants made a general denial, coupled with pleas of limitation under state statutes and laches in equity. Thereafter, they moved a dismissal and plaintiffs, in turn, asked for summary judg ment. The case has been submitted, first on the motion to dismiss, and secondly the prayer for summary judgment by complainants.

The motion to dismiss is for failure to state a cause of action or grounds for relief, under Rule 12 (b); while the demand for summary judgment is under Rule 56 of the Rules of Civil Procedure. 28 U.S. C.A. following section 723c.

Motion to Dismiss.

This motion alleges invalidity of the copyright in that (a) Frederick Spencer Oliver, to whom the original was issued, did not pretend to be the…