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DARRELL v. JOE MORRIS MUSIC CO.

No. 373.

113 F.2d 80 (1940)

DARRELL v. JOE MORRIS MUSIC CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

July 1, 1940.

Attorney(s) appearing for the Case

David Bernstein, of New York City (Harold Zucker and Edward Siegel, both of New York City, of counsel), for appellant.

Wattenberg & Wattenberg, of New York City (Sidney Wm. Wattenberg, of New York City, of counsel), for appellees.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

PER CURIAM.

This appeal depends upon whether the judge's finding that Sherman and Silver did not copy the plaintiff's composition was "clearly erroneous" under Rule 52 (a), Rules of Civil Procedure for District Courts, 28 U.S.C.A. following section 723c. The strength of the plaintiff's case lies in the substantial identity of a sequence of eight notes in his song and theirs; and indeed, that hardly does justice to the similarity between the two, because the sequence...

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