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JERRY VOGEL MUSIC CO. v. WARNER BROS., INC.

No. 80 Civ. 6502 (HFW).

535 F.Supp. 172 (1982)

JERRY VOGEL MUSIC COMPANY, and G. Schirmer, Inc., Plaintiff, v. WARNER BROTHERS, INC., Defendant.

United States District Court, S. D. New York.

March 22, 1982.

Attorney(s) appearing for the Case

Rafferty Grainger Rosenbloom & Drew, New York City, for plaintiff Jerry Vogel Music Co.; Milton M. Rosenbloom, New York City, of counsel.

Paskus, Gordon & Hyman, New York City, for plaintiff G. Schirmer, Inc.; Katherine J. Trager, Walter M. Volpi, New York City, of counsel.

Coudert Brothers, New York City, for defendant; Carleton G. Eldridge, Jr., Dennis R. Pearson, New York City, of counsel.

MEMORANDUM DECISION

WERKER, District Judge.

Plaintiffs, Jerry Vogel Music Company ("Vogel") and G. Schirmer, Inc. ("Schirmer"), claiming to be the owners of the renewal copyrights to the poem "Trees" and the song "Trees" have brought this action against defendant Warner Brothers, Inc., ("Warner"), for infringing use of the first one minute and thirty seconds of the song in a motion picture entitled "The Inlaws." After discovery was complete, defendant moved...

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