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BUCK v. CECERE

Civ. No. 672.

45 F.Supp. 441 (1942)

BUCK et al. v. CECERE.

District Court, W. D. New York.

May 11, 1942.

Attorney(s) appearing for the Case

Hancock, Dorr, Ryan & Shove, of Syracuse, N. Y. (Louis D. Frohlich and Jack M. Nitzburg, both of New York City, of counsel), for plaintiffs.

Chacchia, Lynch & Roberts, of Geneva, N. Y., for defendant.

BURKE, District Judge.

Plaintiffs bring this action under the Copyright Law, 17 U.S.C.A. § 25, to enjoin the defendant's performance of the musical composition "We Three" and for damages for an alleged performance. The evidence warrants a finding that the number was played in defendant's restaurant on April 5, 1941, without plaintiffs' consent. The defense that the use of ASCAP music, if use was made of it, was without the defendant's consent and contrary to...

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