ROSSITER v. VOGEL

No. 90.

134 F.2d 908 (1943)

ROSSITER v. VOGEL et al.

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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