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JERRY VOGEL MUSIC CO. v. FORSTER MUSIC PUBLISHER

No. 222.

147 F.2d 614 (1945)

JERRY VOGEL MUSIC CO., Inc., v. FORSTER MUSIC PUBLISHER, Inc.

Circuit Court of Appeals, Second Circuit.

February 20, 1945.

Attorney(s) appearing for the Case

Arthur F. Driscoll and Milton M. Rosenbloom, both of New York City (Howard A. Guttenberg, of New York City, of counsel), for appellant.

Julian T. Abeles, of New York City (Leopold Bleich, of New York City, of counsel), for appellee.

Before HUTCHESON, SIMONS and CLARK, Circuit Judges.

SIMONS, Circuit Judge.

Claiming rights in a musical composition of ancient but still potent vintage, the appellant was confronted with a suit for a declaration of exclusive title to the composition in the appellee, derived from the heirs of Tell Taylor. Taylor had registered the piece under the Copyright Act, 17 U.S.C.A., in 1910, and had secured a renewal of the original term in 1937. The appellant countered with production...

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