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TOBANI v. CARL FISCHER, INC.

No. 363.

98 F.2d 57 (1938)

TOBANI et al. v. CARL FISCHER, Inc.

Circuit Court of Appeals, Second Circuit.

July 5, 1938.

Attorney(s) appearing for the Case

Sydney Rosenthal, of Long Island City, N. Y. (Donald L. Brown and Roderick B. Jones, both of New York City, of counsel), for appellants.

Gilbert & Gilbert, of New York City (Francis Gilbert and Godfrey Cohen, both of New York City, of counsel), for appellee.

Hays, St. John, Abramson & Schulman, of New York City (John Schulman and Robert J. Burton, both of New York City, of counsel), for Song Writers Protective Ass'n, as amicus curiæ.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

MANTON, Circuit Judge.

Appellants are the children of Theodore M. Tobani, now dead. Tobani's wife predeceased him. In his lifetime Tobani was employed as an "arranger" by the appellee's predecessor, Carl Fischer. An "arranger" is one who adapts the score of a musical composition so that it may be performed upon instruments or sung by voices other than those for which the composition was originally designed. His employment required him to deliver to his employer all...

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