HARRY E. WATKINS, District Judge.
Plaintiffs have brought this action to recover damages for the unauthorized performance of three musical compositions entitled "You've Got Me This Way", "My Blue Heaven", and "Sweet Sue, Just You," at defendants' dine and dance establishment, Shady Rest, near Huntington, W. Va., on February 8, 1941. A jury was waived and the case submitted to the court for decision as to all questions of law and fact.
At a pre-trial conference...
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