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WHITE-SMITH MUSIC CO. v. APOLLO CO.

Nos. 110, 111.

209 U.S. 1 (1908)

28 S.Ct. 319

52 L.Ed. 655

WHITE-SMITH MUSIC PUBLISHING COMPANY v. APOLLO COMPANY.

Supreme Court of United States.

Decided February 24, 1908.

Attorney(s) appearing for the Case

Mr. Livingston Gifford for appellant.

Mr. Charles S. Burton and Mr. John J. O'Connell for appellee.

By Mr. Nathan Burkan for Victor Herbert sustaining the contentions of the appellant.

By Mr. Albert H. Walker for the Connorized Music Company; by Mr. George W. Pound for the De Kleist Musical Instrument Manufacturing Company and the Rudolph-Wurlitzer Company, sustaining the contentions of the appellee.

MR. JUSTICE DAY delivered the opinion of the court.

These cases may be considered together. They are appeals from the judgment of the Circuit Court of Appeals for the Second Circuit (147 Fed. Rep. 226), affirming the decree of the Circuit Court of the United States for the Southern District of New York, rendered August 4, 1905 (139 Fed. Rep. 427), dismissing the bills of the complainant (now appellant) for want of equity. Motions have been made to dismiss the appeals...

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