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VICTOR TALKING MACHINE CO. v. GEORGE

No. 5169.

69 F.2d 871 (1934)

VICTOR TALKING MACHINE CO. v. GEORGE.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied April 9, 1934.

Attorney(s) appearing for the Case

Isaac D. Levy, of Philadelphia, Pa., I. E. Lambert and Robert P. Myers, both of New York City, Louis Levinson, of Philadelphia, Pa., and Louis B. LeDuc, of Camden, N. J., for appellant.

Robert L. Nase, of Flushing, N. Y., and M. J. Fulton, of Richmond, Va., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

This is an appeal from a decree in a suit for damages in the District Court adjudging the plaintiff, David Graves George, to be the author of the song entitled, "Wreck of the Old 97," which the defendant recorded on one of its talking machine records.

On September 27, 1903, a Sunday train, No. 97, which ran over the Southern Railroad frem Washington to Atlanta, was late at Lynchburg and in making up lost time, its engineer ran it at a...

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