SHAPIRO, BERNSTEIN & CO. v. MIRACLE RECORD CO.

No. 49 C 954.

91 F.Supp. 473 (1950)

SHAPIRO, BERNSTEIN & CO., Inc. v. MIRACLE RECORD CO., Inc.

United States District Court N. D. Illinois, E. D.

On Motion for New Trial May 29, 1950.


Attorney(s) appearing for the Case

Schaeffer & Schaeffer, Morton Schaeffer Chicago, Ill., for plaintiff.

Edward H. Norton and Seymour Tabin, Chicago, Ill., for defendant.


IGOE, District Judge.

This is a suit for infringement of copyright. Plaintiff claims that defendant's musical composition "Long Gone" infringes plaintiff's musical composition "Yancey Special". It is agreed by the parties that the trebles of both compositions are different; it is agreed that the basses are identical. Infringement, if any, must therefore be in the bass.

Trial was had in this court, and both parties submitted evidence. Oral argument was waived...

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