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M. WITMARK & SONS v. FRED FISHER MUSIC CO.

38 F.Supp. 72 (1941)

M. WITMARK & SONS v. FRED FISHER MUSIC CO., Inc., et al.

District Court, S. D. New York.

March 24, 1941.

Attorney(s) appearing for the Case

R. W. Perkins, of New York City (Stuart H. Aarons and Stanleigh P. Friedman, both of New York City, of counsel), for plaintiff.

Hays, St. John, Abramson & Schulman, of New York City (John Schulman and Robert J. Burton, both of New York City, of counsel), for defendants.

CONGER, District Judge.

This is a motion to enjoin pendente lite defendants Fred Fisher Music Co., Inc., and George Graff Jr., from printing, publishing, copying or vending the song "When Irish Eyes Are Smiling." No preliminary relief is requested against the other defendant, Mills Music, Inc.

In 1912, Ernest Ball, Chauncy Olcott and defendant Graff jointly composed the song "When Irish Eyes Are Smiling", Ball writing the music, Olcott and Graff the lyrics...

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