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EDWARD B. MARKS MUSIC CORPORATION v. JERRY VOGEL MUSIC CO.

No. 186.

140 F.2d 270 (1944)

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

Circuit Court of Appeals, Second Circuit.

January 26, 1944.

Attorney(s) appearing for the Case

Arthur E. Garmaize, of New York City, for appellant.

Arthur F. Driscoll, of New York City, for appellee.

Before L. HAND, CHASE, and FRANK, Circuit Judges.

L. HAND, Circuit Judge.

This appeal is from the judgment in an action, a companion of Edward B. Marks Music Corporation v. Jerry Vogel Music Co., Inc., 2 Cir., 140 F.2d 266, which concerned the song, "December and May," and the opinion in which is handed down herewith. The facts were as follows. One, Singer, a producer of plays, engaged a man named Howard to compose the music, and Hough and Adams to write the words, of a song which...

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