COXE, District Judge.
This is a motion by the plaintiff for summary judgment in its favor.
The suit is for infringement of a copyrighted musical composition entitled "Petite Suite Espanole", a symphonic work in four parts composed by E. F. Arbos, a Spanish conductor and composer.
On October 18, 1940, between 11 and 12 P. M., one of the four parts of the composition, known as "Noche de Arabia", was broadcast over station WEVD, a broadcasting station...
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