SHILKRET v. MUSICRAFT RECORDS, INC.


43 F.Supp. 184 (1941)

SHILKRET v. MUSICRAFT RECORDS, Inc.

District Court, S. D. New York.

December 10, 1941.


Attorney(s) appearing for the Case

Philip Isaacs, of New York City, for plaintiff.

Sabin, Pomerance, Snitow & Puner, of New York City, for defendant.


LEIBELL, District Judge.

Defendant has moved under Rule 12(b), Federal Rules of Civil Procedure, 28 U. S.C.A. following section 723c, for an order dismissing the complaint upon the ground that it fails to state a claim upon which relief can be granted.

The action is one for alleged copyright infringement. The complaint alleges that prior to April 18, 1941, the plaintiff composed a new arrangement of "Southern Roses Waltz" by Johann Strauss. It is further alleged...

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