-11-
The corporation had been the subject of a continuing investiga-
tion by State authorities. On November 8, 1996, petitioner filed
a proof of claim with the U.S. Bankruptcy Court for the District
of Utah in the amount of $17,854 for unpaid royalties and breach
of contract.
After securing the return of his rights in "Searchlight,
Nevada", petitioner began soliciting other publishing houses to
have his book published a second time. Petitioner received
several responses, including a request by the president of
Regnery Publishing, Inc., and an invitation by the editor-in-
chief of Farrar, Straus & Giroux, Inc., to submit his manuscript
for review. He also began to send letters to literary agents
soliciting their interest in his book.10 At the time of trial,
petitioner had since rewritten parts of "Searchlight, Nevada" and
had sent his revised manuscript to Paladin Press of Boulder,
Colorado, at its request. Petitioner also received a letter from
9(...continued)
Bankruptcy Code. The bankruptcy court had since converted the
case to a ch. 7 liquidation.
10Literary agents act on behalf of authors to get publishers
to buy the rights to their clients' works. In exchange, agents
usually collect a commission based on what the author earns from
his work's eventual sales.
Petitioner did not engage a literary agent for the first
publication of "Searchlight, Nevada". Instead, he chose to study
the book market and identify publishers which he thought might be
interested in his work. For the book's second publication,
though, petitioner did attempt to have an agent represent him.
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