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EDWARD B. MARKS MUSIC CORP. v. JERRY VOGEL MUSIC CO., INC.

Civ. No. 14-341.

49 F.Supp. 135 (1943)

EDWARD B. MARKS MUSIC CORPORATION v. JERRY VOGEL MUSIC CO., Inc. et al.

District Court, S. D. New York.

February 24, 1943.

Attorney(s) appearing for the Case

Arthur E. Garmaize and David Sklaire, both of New York City, for plaintiff.

O'Brien, Driscoll & Raftery, of New York City (Arthur F. Driscoll, Thomas E. Shea and Milton M. Rosenbloom, all of New York City, of counsel), for defendant Jerry Vogel Music Co. Inc.

Wm. H. Darrow, of New York City, for defendant.

KNOX, District Judge.

Upon the trial of this suit, the action was discontinued as to the defendant Cora L. Harris. Therefore, the issues existing between plaintiff and the defendant Jerry Vogel Music Company, Inc. need only be considered. As respects them, the decision will go in favor of the defendant.

The law here to be applied was pronounced by Judge Leibell of this court, upon January 13, 1942 (42 F.Supp. 859), when...

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