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THE

FEDERAL REPORTER,

(ANNOTATED),

VOLUME 172.

CASES ARGUED AND DETERMINED

IN TIIE

CIRCUIT COURTS OF APPEALS AND CIRCUIT
AND DISTRICT COURTS OF THE

UNITED STATES.

PERMANENT EDITION.

OCTOBER-NOVEMBER, 1909.

WITH TABLE OF CASES IN WHICH REHEARINGS HAVE BEEN

GRANTED OR DENIED.

ST. PAUL:
WEST PUBLISHING CO,

1910.

COPYRIGHT, 1909,

BY

WEST PUBLISHING COMPANY.

COPYRIGHT, 1910,

BY

WEST PUBLISHING COMPANY.

(172 PED.)

JURISPRUDENCE

RULES Adopted by the Supreme Court of the United States for Practice and Procedure under Section 25 of an Act to Amend and Consolidate the Acts Respecting Copyright, Approved March 4, 1909.

To go into effect July 1, 1909.

1.

APPLICATION OF EQUITY RULES IN COPYRIGHT SUITS. The existing rules of equity practice, so far as they may be applicable, shall be enforced in proceedings instituted under section twenty-five (25) of the act of March fourth, nineteen hundred and nine, entitled "An act to amend and consolidate the acts respecting copyright.”

2.

SUIT-COPIES OF ALLEGED INFRINGEMENT AND WORK IN

FRINGED TO ACCOMPANY PETITION. A copy of the alleged infringement of copyright, if actually made, and a copy of the work alleged to be infringed, should accompany the petition, or its absence be explained; except in cases of alleged infringement by the public performance of dramatic and dramaticomusical compositions, the delivery of lectures, sermons, addresses, and so forth, the infringement of copyright upon sculptures and other similar works and in any case where it is not feasible.

3.

AFFIDAVIT AS TO LOCATION AND NUMBER OF INFRINGING ARTI

CLES, PLATES, ETC.-BOND BY PLAINTIFF. Upon the institution of any action, suit, or proceedings, or at any time thereafter, and before the entry of final judgment or decree therein, the plaintiff or complainant, or his authorized agent or attorney, may file with the clerk of any court given jurisdiction under section 34 of the act of March 4, 1909, an affidavit stating upon the best of his knowledge, information, and belief, the number and location, as near as may be, of the alleged infringing copies, records, plates, molds, matrices, etc., or other means for making the copies alleged to infringe the copyright, and the value of the same, and with such affidavit shall file with the clerk a bond executed by at least two sureties and approved by the court or a commissioner thereof. 172 F.

(iii) 856624

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