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SHAPIRO, BERNSTEIN & CO. v. BRYAN

No. 74.

123 F.2d 697 (1941)

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

Circuit Court of Appeals, Second Circuit.

December 1, 1941.

Attorney(s) appearing for the Case

John Schulman and Hays, St. John, Abramson & Schulman, all of New York City (Milton Sargoy, of New York City, of counsel), for appellants.

Leo J. Rosett and House, Grossman, Vorhaus & Hemley, all of New York City (Joseph Fischer, of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

The defendants, Bryan and Fisher, appeal from a judgment which declared void their renewal under § 23 of the Copyright Act, 17 U.S.C.A. § 23, of the copyright in a song, written and composed by them; which enjoined them from infringing the renewed copyright of the plaintiff in the same song; and which dismissed their counterclaim. (Fisher's company is also an appellant, but its interest may be ignored.) The dispute centers upon who...

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