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IRVING BERLIN, INC. v. DAIGLE

Nos. 5396, 5397.

31 F.2d 832 (1929)

IRVING BERLIN, Inc., v. DAIGLE. SAME v. RUSSO et al.

Circuit Court of Appeals, Fifth Circuit.

April 2, 1929.

Attorney(s) appearing for the Case

Thomas G. Haight, of Jersey City, N. J., J. Studebaker Lucas, of New Orleans, La., and Nathan Burkan and Louis D. Frohlich, both of New York City, for appellant.

Fred G. Benton, of Baton Rouge, La., for appellee Daigle.

Fred G. Benton, of Baton Rouge, La. (W. A. Benton, of Baton Rouge, La., on the brief), for appellees Russo.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

These two cases arise under the Copyright Act of March 4, 1909, as amended (title 17, U. S. C. [17 USCA]). They may be disposed of in one opinion.

Appellant, the Irving Berlin Company, Inc., filed bills as copyright proprietor of certain musical compositions, alleging infringement of each by public performance for profit, and prayed for injunctions, for damages of not less than $250 for each infringement, and for reasonable attorney...

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