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REMICK MUSIC CORP. v. AMERICAN TOBACCO CO.

57 F.Supp. 475 (1944)

REMICK MUSIC CORPORATION v. AMERICAN TOBACCO CO. et al.

District Court, S. D. New York.

September 12, 1944.

Attorney(s) appearing for the Case

Spring & Eastman, of New York City (Leopold V. Eastman, Samuel Spring, and Sidney J. Brown, all of New York City, of counsel), for plaintiff.

Chadbourne, Wallace, Parke & Whiteside, of New York City, for defendant American Tobacco Co.

Hartman, Craven & Fuld, of New York City (George W. Whiteside, Alex Craven, and Dwight R. Collin, all of New York City, of counsel), for defendant Foote, Cone & Belding.

KNOX, District Judge.

Four motions, in the above entitled suit, and now before the court, were argued together and similarly, will be decided. The first to be considered will be that of defendant which asks for a dismissal of the complaint.

Plaintiff a subsidiary of Warner Brothers, and one of the country's largest publishers of sheet music, specializes in songs and musical compositions that have mass appeal, and two of its currently popular songs are entitled...

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