DAVILLA v. HARMS, INC.


36 F.Supp. 843 (1940)

DAVILLA v. HARMS, Inc., et al.

District Court, S. D. New York.

October 22, 1940.


Attorney(s) appearing for the Case

Crawford & Sprague, of New York City (Stewart Sprague and Allan Baillie, both of New York City, of counsel), for plaintiff.

Schwartz & Frohlich, of New York City (Louis D. Frohlich and Herman Finkelstein, both of New York City, of counsel), for defendants National Broadcasting Co., Inc., Columbia Broadcasting System, Bamberger Broadcasting Service, Inc., Knickerbocker Broadcasting Co., Inc., and Marcus Loew Booking Agency.

Howard E. Reinheimer, of New York City for defendants Oscar Hammerstein, 2d, Sigmund Romberg, Otto Harbach, Laurence Schwab and Frank Mandel.

Robert W. Perkins, of New York City, for defendants Warner Bros. Pictures, Inc., Harms, Inc., Stanley Co. of America, Stanley-Mark-Strand Corporation, R.C.A. Mfg. Co., Brunswick Balke Collender Co. of New York, Brunswick Radio Corporation, Brunswick Record Corporation, American Record Corporation, Columbia Phonograph Co., Inc., and M. Witmark & Sons.

Stanleigh P. Friedman, of New York City, for above defendants with exception of Harms and Witmark.

Joseph D. Karp, of New York City, for defendants Harms and Witmark.


MANDELBAUM, District Judge.

Plaintiff sues defendants for copyright infringement of a song entitled "If I Were A Spider And You Were My Fly," which was copyrighted in 1918. The defendants Romberg, Harbach and Hammerstein are the composers and lyric writers of a song entitled "The Desert Song," copyrighted in 1926. The other defendants may be grouped into publishers, producers, motion picture companies, and broadcasting companies, those that broadcast the defendants...

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