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CORCORAN v. MONTGOMERY WARD & CO.

No. 9665.

121 F.2d 572 (1941)

CORCORAN v. MONTGOMERY WARD & CO., Inc., et al.

Circuit Court of Appeals, Ninth Circuit.

June 28, 1941.

Attorney(s) appearing for the Case

Blase A. Bonpane, of Hollywood, Cal. (Louis E. Swarts [of Swarts & Tannenbaum], of Los Angeles, Cal., of counsel), for appellant.

Frederick Leuschner and Richard Harper Graham, both of Los Angeles, Cal., for appellee Montgomery Ward.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

Appellant sued for infringement of copyright on a poem of which he is the author, alleging that without his consent appellee caused the poem to be set to music and is engaged in recording the end product on phonograph records and selling the records to the public. He appeals from a judgment dismissing his second amended complaint. The appeal presents the question whether the conduct alleged is an infringement of a right or rights protected by...

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