ARNSTEIN v. TWENTIETH CENTURY FOX FILM CORPORATION


52 F.Supp. 114 (1943)

ARNSTEIN v. TWENTIETH CENTURY FOX FILM CORPORATION et al.

District Court, S. D. New York.

August 26, 1943.


Attorney(s) appearing for the Case

Ira B. Arnstein, in pro. per.

Edwin P. Kilroe and Julian T. Abeles, both of New York City, for Twentieth Century Fox Film Corporation.

Gilbert & Gilbert, Francis Gilbert, and Godfrey Cohen, all of New York City, for Bregman, Vocco & Conn, Inc.


BONDY, District Judge.

The plaintiff claims that the defendants' song "I've Got a Gal in Kalamazoo" infringes upon his musical composition "Kalamazoo".

To establish access by the writers of the song "I've Got a Gal in Kalamazoo" to his composition, in the absence of which there could not be any copying, he testified that he played his song in 1933 for the defendant Harry Warren, the composer of defendants' song, at 171 West 71st Street, where plaintiff then...

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