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RCA MFG. CO. v. WHITEMAN

28 F.Supp. 787 (1939)

RCA MFG. CO., Inc., v. WHITEMAN et al.

District Court, S.D. New York.

July 24, 1939.

Attorney(s) appearing for the Case

David Mackay, of New York City (Jerome H. Adler and Lawrence B. Morris, both of New York City, of counsel), for complainant.

Maurice J. Speiser, of New York City, for defendant Whiteman.

Stuart Sprague, of New York City, amicus curiæ.

Maurice J. Speiser, of New York City, General Counsel for National Association of Performing Artists, amicus curiæ.

LEIBELL, District Judge.

Paul Whiteman, a performing artist and orchestra leader, filed suit in this Court against W.B.O. Broadcasting Corporation, owner and operator of station WNEW, and Elin, Inc., sponsor of the programs which gave rise to this litigation.

Whiteman claiming to be a unique artist and performer in his field as an orchestra conductor, and also, by his peculiar interpretations of musical compositions, a creative musical artist, with a national...

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