ALDEN-ROCHELLE, INC. v. AMERICAN SOC. OF C., A. AND P.


80 F.Supp. 900 (1948)

ALDEN-ROCHELLE, Inc., et al. v. AMERICAN SOC. OF COMPOSERS, AUTHORS AND PUBLISHERS et al.

United States District Court S. D. New York.

October 27, 1948.


Attorney(s) appearing for the Case

Weisman, Celler, Quinn, Allan & Spett, of New York City (Milton C. Weisman and Adolph Kaufman, both of New York City, of counsel), for plaintiffs.

Schwartz & Frohlich, of New York City (Robert P. Patterson, Louis D. Frohlich and Ambrose Cram, all of New York City, of counsel), for all defendants except Gustave Schirmer.

Gilbert & Gilbert, of New York City, for defendant Gustave Schirmer.

Hays, St. John, Abramson & Schulman, of New York City (John Schulman, Osmond K. Fraenkel, and William Klein, II, all of New York City, of counsel), for intervenor Milton Ager.

Wattenberg & Wattenberg, of New York City (Sidney Wm. Wattenberg, of New York City, of counsel), for intervenor Chappel & Co. Inc.

Franklin Waldheim, of New York City (Robert J. Rubin and Gunther R. Lessing, both of Los Angeles, Cal., and Kenneth B. Umbreit, of New York City, of counsel), amicus curiae.


LEIBELL, District Judge.

On July 19, 1948 the Court filed findings of fact and conclusions of law together with its opinion in this case. The matter of the settlement of a decree was postponed at the request of ASCAP's attorneys and a hearing date, in the middle of September, was set for a discussion of the form of the decree to be entered The hearing was postponed to the first week in October Meanwhile the attorneys for the defendants served a notice of motion to...

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