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VON TILZER v. JERRY VOGEL MUSIC CO.

53 F.Supp. 191 (1943)

VON TILZER et al. v. JERRY VOGEL MUSIC CO., Inc., et al.

District Court, S. D. New York.

September 14, 1943.

Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin & Krim and Louis Nizer, all of New York City, for plaintiff Harry Von Tilzer Music Pub. Co.

Goldie & Gumm and William V. Goldie, all of New York City, for plaintiff Harry Von Tilzer.

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

Frank P. Greenberg, of New York City, for Jack Mahoney.

BONDY, District Judge.

The complaint alleges the infringement by the defendant, Jerry Vogel Music Company, Inc., of the copyright of seven songs. The complaint was not served on any of the defendants other than this corporation and Jack Mahoney.

The first cause of action involves the song "Down On The Farm". The music was composed by the plaintiff, Harry Von Tilzer. The lyrics were written either by Raymond A. Browne, as is claimed by the defendant corporation...

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