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EGNER v. E. C. SCHIRMER MUSIC CO.

No. 3916.

139 F.2d 398 (1943)

EGNER et al. v. E. C. SCHIRMER MUSIC CO.

Circuit Court of Appeals, First Circuit.

December 29, 1943.

Attorney(s) appearing for the Case

Harold Horvitz, of Boston, Mass. (Guterman & Guterman, of Boston, Mass., and Alfred Beekman and House, Grossman, Vorhaus & Henley, all of New York City, of counsel), for appellants.

H. L. Kirkpatrick, of Boston, Mass., and Francis Gilbert, of New York City (Fish, Richardson & Neave, of Boston, Mass., and Gilbert & Gilbert, of New York City, of counsel), for appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

MAHONEY, Circuit Judge.

This action was brought under the Copyright Act of March 4, 1909, as amended, 35 Stat. 1075 et seq., 17 U.S.C.A., § 1 et seq., to restrain the defendant from infringing the alleged copyrighted song popularly known by the names "The Caisson Song", the "Artillery Song" and "The Caissons Go Rolling Along".

The complaint recited that Edmund L. Gruber wrote and composed the words and music of "The Caisson Song" and assigned it with...

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