Meredith Corporation, an Iowa Corporation, Plaintiff-appellant, v. Harper & Row, Publishers, Inc., et al.,defendants-appellees, Brian Sutton-smith, Anindividual, and Prentice-hall, Inc., Adelaware Corporation,additionaldefendantsoncounterclaim-appellants

United States Court of Appeals, Second Circuit. - 500 F.2d 1221

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.

Before MOORE and FEINBERG, Circuit Judges, and PALMIERI,1 district judge.

PER CURIAM:

1

The appellants assert error in the grant of a preliminary injunction.

2

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.


1

Of the United States District Court for the Southern District of New York, sitting by designation