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GORDON v. VINCENT YOUMANS, INC.

No. 142, Docket 29948.

358 F.2d 261 (1965)

Roger M. GORDON, Plaintiff-Appellee, v. VINCENT YOUMANS, INC. and Miller Music Corporation, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided December 20, 1965.

Attorney(s) appearing for the Case

Edward M. Cramer, New York City (Herbert Stern, New York City, on the brief), for appellee.

Julian T. Abeles, New York City (Robert C. Osterberg, New York City, of counsel), for appellant, Miller Music Corp.

Donald R. Seawell, Melvin J. Zalel, Bernstein, Seawell & Kaplan, New York City, on the brief, for appellant, Vincent Youmans, Inc.

Before KAUFMAN and HAYS, Circuit Judges, and TIMBERS, District Judge.

HAYS, Circuit Judge:

This is a diversity action in which plaintiff-appellee, the son of lyric writer Mack Gordon, seeks a declaratory judgment establishing him as a 50% owner of a 1/3 interest in the renewal copyright of the musical composition "Time On My Hands, You In My Arms." "Time On My Hands" was composed by Vincent Youmans; Mack Gordon collaborated with Harold Adamson on the lyrics. A partial summary judgment was awarded to appellee on the ground that there...

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