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

56 F.Supp. 779 (1944)

JERRY VOGEL MUSIC CO., Inc., v. EDWARD B. MARKS MUSIC CORPORATION.

District Court, S. D. New York.

August 21, 1944.

Attorney(s) appearing for the Case

O'Brien, Driscoll & Raftery, of New York City (Milton M. Rosenbloom, of New York City, of counsel), for plaintiff.

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

CONGER, District Judge.

Motion by the defendant to dismiss the complaint, as supplemented by the bill of particulars, pursuant to Federal Rules of Civil Procedure, rule 12(B) (6), 28 U.S. C.A. following section 723c, upon the ground that the complaint and the bill of particulars failed to state a claim upon which relief can be granted.

Plaintiff and defendant are both music publishers. This controversy revolves about the title, rights and perquisites to a...

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