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JEROME v. TWENTIETH CENTURY FOX FILM CORP.

62 F.Supp. 300 (1945)

JEROME v. TWENTIETH CENTURY FOX FILM CORPORATION.

District Court, S. D. New York.

June 20, 1945.

Attorney(s) appearing for the Case

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

Edwin P. Kilroe, of New York City, for defendant.

HULBERT, District Judge.

Motion by defendant for summary judgment. Federal Rules of Civil Procedure, Rule 56(c), 28 U.S.C.A. following section 723c. The action is for infringement of copyright.

A. For the purpose of this motion it is assumed:

1. Plaintiff is the authoress, and on July 25, 1896, secured a copyright, of a song entitled "Sweet Rosie O'Grady."

2. She renewed the copyright July 25, 1923.

3. On July 10, 1925, plaintiff and...

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