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ROSE v. BOURNE, INC.

176 F.Supp. 605 (1959)

Billy ROSE, Ray Henderson and Mel Torshin, as Executor of the Estate of Mort Dixon, Plaintiffs, v. BOURNE, INC., Defendant.

United States District Court S. D. New York.

September 15, 1959.

Attorney(s) appearing for the Case

Schulman & Stern, New York City, John Schulman, Lloyd I. Isler, Martin Bressler, New York City, of counsel, for plaintiffs.

Phillips, Nizer, Benjamin, Krim & Ballon, New York City, Walter S. Beck, Simon Rose, Albert F. Smith, New York City, of counsel, for defendant.

DIMOCK, District Judge.

This is an action which originated as plaintiffs' suit for copyright infringement. Plaintiffs have suffered a voluntary dismissal of their claim without prejudice, D.C., 172 F.Supp. 536, and the trial has proceeded upon defendant's counterclaim for a declaratory judgment. The controversy involves the ownership of the renewal of the copyright of a musical composition, "That Old Gang of Mine". The three composers...

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