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EGNER v. E. C. SCHIRMER MUSIC CO.

No. 1350.

48 F.Supp. 187 (1942)

EGNER et al. v. E. C. SCHIRMER MUSIC CO.

District Court, D. Massachusetts.

December 28, 1942.

Attorney(s) appearing for the Case

Harold Horvitz and Samuel Berkett (of Guterman & Guterman), both of Boston, Mass., and Alfred Beekman, of New York City, for plaintiff.

H. L. Kirkpatrick and Fish, Richardson & Neave, all of Boston, Mass., and Francis Gilbert and Gilbert & Gilbert, all of New York City, for defendant.

SWEENEY, District Judge.

In this action the plaintiffs seek an injunction against further alleged copyright infringement of "The Caisson Song", and damages under the copyright statutes, Title 17 U.S.C.A.

It is alleged in the complaint that the song, which is sometimes known as "The Caissons Go Rolling Along", was composed by Edmund L. Gruber about 1908, and that prior to June 8, 1921, Gruber assigned to the plaintiffs Egner and Mayer

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