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MARKS v. LEO FEIST

No. 124.

8 F.2d 460 (1925)

MARKS v. LEO FEIST, Inc.

Circuit Court of Appeals, Second Circuit.

June 1, 1925.

Attorney(s) appearing for the Case

O. Ellery Edwards, of New York City (Julian J. Raphael, of New York City, of counsel), for appellant.

Gilbert & Gilbert, of New York City (A. S. Gilbert, Francis Gilbert, and Jerome E. Malino, all of New York City, of counsel), for appellee.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

ROGERS, Circuit Judge.

A suit was brought in the court below by Edward B. Marks, who sought to obtain a preliminary injunction to restrain an alleged infringement of a musical composition entitled "Wedding Dance Waltz" which Marks had copyrighted, and which it was alleged that Feist had infringed by a musical composition entitled "Swanee River Moon" which Feist had written and copyrighted. The court below denied Marks' application for the preliminary injunction, and...

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