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BROADWAY MUSIC CORPORATION v. F-R PUB. CORPORATION

31 F.Supp. 817 (1940)

BROADWAY MUSIC CORPORATION v. F-R PUB. CORPORATION.

District Court, S. D. New York.

February 15, 1940.

Attorney(s) appearing for the Case

Wattenberg & Wattenberg, of New York City (Sidney W. Wattenberg and Harold W. Tepfer, both of New York City, of counsel), for complainant.

Greenbaum, Wolff & Ernst, of New York City (Alexander Lindey and Harriet F. Pilpel, both of New York City, of counsel), for defendant.

CONGER, District Judge.

This is a motion to dismiss the plaintiff's complaint, which seeks damages for an alleged copyright infringement.

It appears that the plaintiff is the owner of the copyright of the song "Poor Pauline", which was published in 1914, contemporary with the motion picture serial "Perils of Pauline". The weekly magazine, "The New Yorker", which the defendant publishes, in its August 13, 1938, issue...

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