Page:Public Ledger v. New York Times (275 F. 562).pdf/1

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In Equity. Suit by the Public Ledger against the New York Times and others. On motion to dismiss bill. Granted as to first cause of action, and denied as to the second.

This is a motion to dismiss a bill in equity upon its face. The bill is composed of two causes of action, one in copyright and the other in unfair competition. In each it alleged that the complainant was a Pennsylvania, and the defendant a New York, corporation, and the individual defendants citizens of New York. In each it alleged that “the value of the matter or thing actually in controversy in this case is in excess of $3,000.”

In substance the first cause of action alleged that both parties were the owners of well-known newspapers in Philadelphia and New York, respectively, and that each maintained an organization for gathering news all over the world, and purchases news from other news-gathering agencies, in some cases for resale. The plaintiff made a contract with the Times, of London, which is the basis of its rights, and the substance of which is as follows:

The Times would provide a room in London at which it would produce for a representative of the plaintiff the “proofs” of all special news articles and other matter, published “as early as is reasonably possible to enable” the plaintiff to make such copy or résumé thereof as it might think best for transmission for publication in newspapers in the United States and Canada. When possible these “proofs” should be produced enough in advance of the date of their publication in the Times to enable the plaintiff to mail proofs to