Page:Houghton Mifflin v. Stackpole Sons (41 U.S.P.Q. 404).pdf/1

404

On motion for preliminary injunction.

Reversed at 42 USPQ 96.

, District Judge.—I do not think that this case is sufficiently clear to warrant the issuance of a preliminary injunction. The defendants have raised questions of title and validity [of the copyright] which are not free from doubt; the facts are in dispute; and the issues cannot properly be determined on affidavits. It may be that the plaintiff will succeed at the trial, but on the present showing I cannot say that it will do so with the degree of certainty required for the issuance of a preliminary injunction.

The motion of the plaintiff for a preliminary injunction is denied.

On motion for summary judgment.

, District Judge.—This is a motion for summary judgment, under Rule 56 of the Federal Rules of Civil Procedure. Plaintiff, a citizen and resident of New York, moved for summary judgment with respect to the first cause of action and for a partial summary judgment on the second cause of action, pleaded in the bill of complaint. Both