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SMITH v. BERLIN

207 Misc. 862 (1955)

Alfred L. Smith, Plaintiff, v. Irving Berlin et al., Defendants.

Supreme Court, Special Term, New York County.

April 27, 1955.

Attorney(s) appearing for the Case

Julius Kass for plaintiff.

Monroe Goldwater for defendants.

FRANK, J.

The plaintiff in this equity action seeks an accounting by and an injunction against the defendants.

The suit is based on the charge that the defendant Irving Berlin copied and tortiously appropriated an unpublished musical composition called "I fell in Love", allegedly created by the plaintiff Alfred L. Smith during the week ending May 16, 1947. Mr. Smith contends that Mr. Berlin in composing...

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