No. 90.

134 F.2d 908 (1943)


Circuit Court of Appeals, Second Circuit.

April 13, 1943.

Attorney(s) appearing for the Case

Francis Gilbert, of New York City (Gilbert & Gilbert and Godfrey Cohen, all of New York City, on the brief), for plaintiff-appellee.

Arthur F. Driscoll, of New York City (O'Brien, Driscoll & Raftery and Milton M. Rosenbloom, all of New York City, on the brief), for defendants-appellants.

Before L. HAND, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

The issue on appeal is whether a prior assignee of a right to a copyright renewal is barred, either by the copyright recording statute, 17 U.S.C.A. § 44, or by general equitable principles, from enforcing his assignment against a subsequent assignee in possession of the copyright renewal. Upon motion of plaintiff, the prior assignee, for a summary judgment on the pleadings, the lower court relying on our decision in M. Witmark & Sons...

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