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MILLER MUSIC CORPORATION v. CHARLES N. DANIELS, INC.

No. 165, Docket 25339.

265 F.2d 925 (1959)

MILLER MUSIC CORPORATION, Plaintiff-Appellant, v. CHARLES N. DANIELS, INC., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 23, 1959.

Attorney(s) appearing for the Case

Abeles & Bernstein, New York City (Julian T. Abeles, New York City, of counsel), for plaintiff-appellant.

Lewis A. Dreyer and Jack M. Ginsberg, New York City (Lewis A. Dreyer, Jack M. Ginsberg, New York City; Milton A. Rudin, Payson Wolff, Los Angeles, Cal., of counsel), for defendant-appellee.

Before WASHINGTON, WATERMAN and MOORE, Circuit Judges.

PER CURIAM.

The judgment below is affirmed upon the written opinion of Judge Bryan, reported at 158 F.Supp. 188.

WASHINGTON, Circuit Judge (dissenting).

In his opinion below, Judge Bryan recognizes that it may be "incongruous to allow an author who has no widow or children to defeat his prior assignee by executing a will, the terms of which are in derogation of the assignment * * *." D.C.S.D.N.Y.1957,

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