COXE, District Judge.
This is a suit for infringement of a common-law copyright of a song entitled "Confessing" which was composed by the plaintiff in 1927 and 1928. The song was never published, but was privately performed by the plaintiff for a small number of persons in California at different times prior to 1929. The alleged infringing composition is a song called "Starlight" which was composed by the defendant Petkere in the fall of 1931. This song was published...
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