This section contains the nature of the case and procedural background.

Martin (P) sent a letter to D telling them about plagiarized material and D requested a copy of the material and P sent them the material. P eventually discovered that D was pursuing a copyright claim based on the material P had submitted. P demanded compensation for his services. D offered an honorarium in the form of a check for two hundred dollars. P retained the check and filed suit to recover one-third of the proceeds of the copyright infringement suit. P's suit was demurred and dismissed, and P appealed.

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