Hayden

Hayden v. Chalfant Press, Inc.

Good Law
281 F.2d 543·126 U.S.P.Q. (BNA) 483·3 Fed. R. Serv. 2d 498·1960 U.S. App. LEXIS 3878
United States Court of Appeals for the Ninth CircuitAugust 10, 1960No. 16706California3,290 words

Opinion

Lead Opinion

Jertberg, J.

This is an action for infringement of copyright instituted by appellant against appellees in which appellant sought in-junctive relief against future use of certain maps copyrighted by appellant and damages for profits for past use. The relief sought was denied by the district court, sitting without a jury. Hayden v. Chalfant Press, Inc. et al., 177 F.Supp. 303 .

Jurisdiction of the district court was based upon the United States Constitution, Article I, Section 8, clause 8, and Title 17 U.S.C.A. § 101 et seq. and Title 28 U.S.C.A. § 1338 . This Court’s jurisdiction to review is grounded on the provisions of Title 17 U.S.C.A. § 114 , and Title 28 U.S.C.A. §§ 1291 and 1294.

Initially we will dispose of certain specifications of error, some of which appellant has chosen to group under the heading “Interlocutory Rulings on Discovery and Failure to Hold Pretrial Proceedings * * *” and others appear under the heading “The Judge’s Prejudgment and Aversion to Appellant."

During the course of discovery proceedings appellant sought by way of depositions and interrogatories to discover facts which might lead to evidence of damages which' appellant may have sustained by reason of the…

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