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ARNSTEIN v. BROADCAST MUSIC

No. 247.

137 F.2d 410 (1943)

ARNSTEIN v. BROADCAST MUSIC, Inc., et al.

Circuit Court of Appeals, Second Circuit.

July 28, 1943.

Attorney(s) appearing for the Case

Ira B. Arnstein, plaintiff-appellant in person.

Goldmark, Colin & Kaye, of New York City (Robert J. Burton, of New York City, of counsel), for Broadcast Music Inc., defendant-appellee.

Julian T. Abeles, of New York City, for vouchee, Edward B. Marks Music Corporation.

Before AUGUSTUS N. HAND, CHASE and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The plaintiff sues for infringement of nine copyrighted songs alleged to have been composed by the plaintiff and infringed by the defendants. The complaint was dismissed as to the three songs embraced in the Fifth, Seventh and Eighth causes of action on the ground that the plaintiff failed to prove that they were copyrighted and as to the song "The White Cliffs of Dover," embraced in the Ninth cause of action, because the plaintiff...

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