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ROSSITER v. VOGEL

46 F.Supp. 749 (1942)

ROSSITER v. VOGEL et al.

District Court, S. D. New York.

June 30, 1942.

Attorney(s) appearing for the Case

Gilbert & Gilbert, of New York City (Francis Gilbert, of New York City, of counsel), for plaintiff.

O'Brien, Driscoll & Raftery, of New York City (Arthur F. Driscoll and Milton M. Rosenbloom, both of New York City, of counsel), for defendants.

COXE, District Judge.

This is a motion by the plaintiff for summary judgment in his favor.

The suit involves the renewal rights under the Copyright Act, 17 U.S.C.A. § 44, to a song entitled "Some Of These Days". The song was written in 1910 by Shelton Brooks, one of the named defendants. It was soon afterwards acquired and published by the plaintiff, who, on July 25, 1910, obtained a copyright for a term expiring on July 25, 1938. The validity of this...

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