Dun v. Lumbermen’s Credit Association, 209 U.S. 20 (1908)

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Dun v. Lumbermen’s Credit Association

No. 138

Argued January 31, 1908
Decided February 24, 1908
209 U.S. 20

APPEAL FROM THE CIRCUIT COURT OF

APPEALS FOR THE SEVENTH CIRCUIT

Syllabus

Findings of fact in a suit in equity made by both the circuit court and tho circuit court of appeals will not be reversed by this Court unless shown to be clearly erroneous.

Where the lower courts have both found that the proportion of copyrighted matter issued in a later publication, in this case a trade rating journal, is insignificant compared with the volume of independently acquired information, an injunction should be refused and the owner of the copyright remitted to a court of law to recover the damages actually sustained.

144 F. 83 affirmed.

The facts are stated in the opinion.