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M. WITMARK & SONS v. JENSEN

Civ. Nos. 1026, 1797, 1798, 1799.

80 F.Supp. 843 (1948)

M. WITMARK & SONS v. JENSEN. SANTLEY-JOY, Inc. v. HASTINGS THEATRE CORPORATION. HARMS, Inc. v. GRAND THEATRE CORPORATION. M. WITMARK & SONS et al. v. BERGER AMUSEMENT CO., Inc.

United States District Court D. Minnesota, Fourth Division.

September 9, 1948.

Attorney(s) appearing for the Case

Louis D. Frohlich, of New York City, and Thomas Vennum, of Minneapolis, Minn., for plaintiffs.

Louis B. Schwartz and Samuel P. Halpern, both of Minneapolis, Minn., for defendants.

Bogle, Bogle & Gates, of Seattle, Wash., amicus curiæ.

NORDBYE, Chief Judge.

Plaintiffs in these cases are seeking (1) damages for alleged infringement by defendants of certain musical composition copyrights owned by plaintiffs, and (2) an injunction restraining future threatened violation of those copyrights. Plaintiffs contend that defendants, who operate certain motion picture theatres, gave public performance of those compositions for profit when showing certain films in their theatres without first obtaining from...

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