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VICTOR TALKING MACH. CO. v. GEORGE

No. 6932.

105 F.2d 697 (1939)

VICTOR TALKING MACH. CO. v. GEORGE.

Circuit Court of Appeals, Third Circuit.

July 14, 1939.

Attorney(s) appearing for the Case

Isaac D. Levy, of Philadelphia, Pa., Lawrence B. Morris and Floyd H. Bradley, both of Camden, N. J., David Mackay, of New York City, Louis Levinson, of Philadelphia, Pa., and Samuel H. Richards, and Louis B. LeDuc, both of Camden, N. J., for appellant.

James Mercer Davis, of Camden, N. J. (I. C. Davis, Jr., of Norfolk, Va., and Robert L. Nase, of Flushing, N. Y., of counsel), for appellee.

Before MARIS, BIDDLE, and BUFFINGTON, Circuit Judges.

MARIS, Circuit Judge.

In his bill filed in the District Court for the District of New Jersey seeking an injunction and accounting, David Graves George, the plaintiff, alleged that Victor Talking Machine Company, the defendant, had infringed his common law rights in the words of the song "The Wreck of the Old 97," which he claimed had been composed by him and reproduced by the defendant upon one of its phonograph records. The defendant denied that the plaintiff was...

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