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EDWARD B. MARKS MUSIC CORP. v. JERRY VOGEL MUSIC CO.

42 F.Supp. 859 (1942)

EDWARD B. MARKS MUSIC CORPORATION v. JERRY VOGEL MUSIC CO., Inc., et al. SAME v. JERRY VOGEL MUSIC CO., Inc. (two cases).

District Court, S. D. New York.

January 13, 1942.

Attorney(s) appearing for the Case

Arthur E. Garmaize, of New York City, for plaintiff.

Wattenberg & Wattenberg, of New York City (Sidney Wm. Wattenberg, of New York City of counsel), for defendant Cora L. Harris.

O'Brien, Driscoll & Raftery, of New York City (Arthur F. Driscoll, Thomas E. Shea, and Milton M. Rosenbloom, all of New York City, of counsel), for defendant Jerry Vogel Music Co. Inc.

LEIBELL, District Judge.

Plaintiff moves under Rule 56, Federal Rules of Civil Procedure, for orders granting summary judgment in its favor in these three actions, on the ground that there exists no genuine issue of any material fact. These actions are predicated upon the alleged infringement by defendants of plaintiff's renewal copyrights in the music of two musical compositions, entitled "I Wonder Who's Kissing Her Now" and "The Bird on Nellie's Hat", and the infringement...

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