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HOFFMAN v. SANTLY-JOY

51 F.Supp. 778 (1943)

HOFFMAN et al. v. SANTLY-JOY, Inc., et al.

District Court, S. D. New York.

April 19, 1943.

Attorney(s) appearing for the Case

Lawrence D. Unger, of New York City, for plaintiffs.

Miller & Miller, of New York City (Morton Miller, of New York City, of counsel), for defendants.

LEIBELL, District Judge.

The defendants have moved for a dismissal of the plaintiffs' amended complaint on the grounds that the plaintiffs are not the real or proper parties in interest and that the amended complaint fails to state a claim upon which relief can be granted.

The action is brought by the plaintiffs, as the authors, writers and composers of a copyrighted and allegedly original musical composition, "The Machine Gun Song", against the defendants...

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