Page:Public Ledger v. New York Times (279 F. 747).pdf/2

748 Stetson, Jennings & Russell, of New York City (Thomas Raeburn White, of Philadelphia, Pa., and William C. Cannon, of New York City, of counsel), for appellant.

Alfred A. Cook and Harold Nathan, both of New York City, for appellees.

Before HOUGH, MANTON, and MAYER, Circuit Judges.

PER CURIAM. It being admitted and agreed that all plaintiff’s rights, whatever they are, grow out of a certain contract between plaintiff and the Times Publishing Company, Limited, of Great Britain, we ground decision on a single point, and express no opinion on all other matters discussed at bar or suggested in the opinion below.

The point is this: The contract in question did not, and was not intended to, give plaintiff any authority to copyright in this country the “news, special articles, and other matter” of which plaintiff’s representative was permitted to make a “résumé or copy, * * * for the purpose of transmission to the Public Ledger for publication.”

Since plaintiff was without authority to copyright, its action for infringement of copyright must fail.

Decree affirmed, with costs.

Appeal from the District Court of the United States for the Southern District of Florida; Rhydon M. Call, Judge.

Action by the Citizens’ American Bank & Trust Company against P. W. Driscoll, trustee of the estate of A. J. Halbauer, bankrupt. From an order denying the relief sought, plaintiff appeals. Affirmed.

William Hunter, of Tampa, Fla., for appellant.

William H. Jackson and Martin B. Withers, both of Tampa, Fla., for appellee.

Before WALKER, BRYAN, and KING, Circuit Judges.

PER CURIAM. The appellant bank advanced the purchase price of a motor truck, and accepted as security a mortgage thereon from the purchaser. One A. L. Halbauer, who maintained a place of business at