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SHAPIRO, BERNSTEIN & CO. v. BRYAN

27 F.Supp. 11 (1939)

SHAPIRO, BERNSTEIN & CO., Inc., v. BRYAN et al.

District Court, S. D. New York.

March 20, 1939.

Attorney(s) appearing for the Case

House, Crossman, Vorhaus & Hemley, of New York City (Joseph Fischer, Alfred Beekman, and Leo J. Rosett, all of New York City, of counsel), for plaintiff.

Hays, St. John, Abramson & Schulman, of New York City (John Schulman and Robert J. Burton, both of New York City, of counsel), for defendant Alfred Bryan.

Austin C. Keough, of New York City (Irving Cohen, of New York City, of counsel), for defendant Famous Music Corporation.

Benjamin Starr, of New York City, for defendants Fred Fisher and Fred Fisher Music Co. Inc.

COXE, District Judge.

This is a motion under Rule 12(b), Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to dismiss the complaint for failure to state a claim upon which relief can be granted.

The suit is for alleged infringement of a renewal copyright of a song entitled "Come Josephine In My Flying Machine" (hereinafter referred to as "Come Josephine").

The following facts are deemed admitted for the purposes of the motion: In and prior...

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