No. 1228, Docket 74-1726.
Argued June 26, 1974.
Decided July 8, 1974.
Marshall C. Berger, New York City (Hahn, Hessen, Margolis Ryan, New York City, Molinare, Allegretti, Newitt Witcoff, Chicago, Ill., William J. Daly, Jr., New York City, George B. Newitt, George P. McAndrews, Chicago, Ill., Wayne Carson, New York City, on the brief), for plaintiff-appellant and additional defendants-appellants.
John C. Lankenau, New York City (Lankenau, Kovner, Bickford Beer, Victor A. Kovner, Edward A. Miller, Nathaniel J. Bickford, New York City, on the brief), for defendants-appellees.
Appeal from the United States District Court for the Southern District of New York.
The appellants assert error in the grant of a preliminary injunction.
This is essentially a dispute between the publishers of competing textbooks in the child development field. The defendants-appellees, seeking redress as copyright holders, convinced Judge Owen upon a persuasive factual record that they would probably succeed on the merits, that the appellants had plagiarized their textbook, and that there was need for immediate relief. There was a sufficient basis for the findings and conclusions of the District Court and since they are not clearly erroneous, Fed.R.Civ.P. 52(a), we affirm.