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STATE OF WASHINGTON v. AMERICAN SOCIETY, ETC.

No. 564.

13 F.Supp. 141 (1935)

STATE OF WASHINGTON ex rel. HAMILTON, Atty. Gen., v. AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS et al. (GREENHALGH AMUSEMENT CORPORATION, Intervener).

District Court, W. D. Washington, S. D.

December 12, 1935.

Attorney(s) appearing for the Case

G. W. Hamilton, Atty. Gen., and E. P. Donnelly, Asst. Atty. Gen., for plaintiff.

Palmer, Askren, Brethorst, H. W. Haughland, and Ryan, Askren & Ryan, all of Seattle, Wash., for defendant American Society of Composers, Authors and Publishers.

Byers, Westberg & James, of Seattle, Wash., for defendants KGY, Inc., and Seattle Broadcasting Co.

Kenneth C. Davis, of Seattle, Wash., for defendants KVOS, Inc., Spokane Broadcasting Co., KUJ, Inc., Westcoast Broadcasting Co., Carl E. Haymond, KMO, Inc., KVL, Inc., and KXRO, Inc.

Post, Russell, Davis & Paine, of Spokane, Wash., for defendant Symons Broadcasting Co.

Sherwood & Heiman, of Seattle, Wash., for intervener Greenhalgh Amusement Corporation.

CUSHMAN, District Judge (after stating the facts as above).

On account of the conclusion reached, it is not now necessary to determine whether the petition for removal was timely filed or not.

The complaint alleges, in effect, that the defendant society dominates, in the state of Washington, commerce in compositions of the character described, controlling and owning approximately 95 per cent. of the copyrighted acceptable and popular musical compositions published...

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