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ARNSTEIN v. EDWARD B. MARKS MUSIC CORPORATION

No. 253.

82 F.2d 275 (1936)

ARNSTEIN v. EDWARD B. MARKS MUSIC CORPORATION.

Circuit Court of Appeals, Second Circuit.

February 10, 1936.

Attorney(s) appearing for the Case

Krause, Hirsch & Levin, of New York City (Sydney Krause and Sidney Gross, both of New York City, of counsel), for appellant.

Gladstone, Richter, Cohen & Kirsh, of New York City (Theodore B. Richter, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

This is the usual bill in equity upon the infringement of a musical copyright; the plaintiff's right is admitted and the sole issue is as to the infringement. The plaintiff's case depends upon access and similarity; the defendant answers by showing that the common parts of the two pieces have occurred elsewhere and by the denials of the persons charged with the piracy. The issue being one of fact, the plaintiff starts with the finding against...

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