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TORONTO A judge has dismissed a lawsuit alleging that a book about the Black Donnellys violated the copyright of an earlier work purporting to tell the true story of the infamous Ontario family. The bizarre case is believed by everyone involved to be the first example in Canadian legal history of the owner of a work of non-fiction arguing that the piece is actually fictional. The Black Donnellys were a family in the London, Ont. area who gained notoriety both for their involvement in a violent feud over a local stagecoach line and for the 1880 massacre in which five Donnellys were killed by a mob.