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OVERMAN v. LOESSER

No. 13159.

205 F.2d 521 (1953)

OVERMAN v. LOESSER.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 5, 1953.

Attorney(s) appearing for the Case

Fred H. Miller, Los Angeles, Cal., for appellant.

George W. Cohen, Beverly Hills, Cal., Harry L. Gershon and Herman F. Selvin, Los Angeles, Cal. (Loeb & Loeb, Los Angeles, Cal., of counsel), for appellee.

Before STEPHENS and POPE, Circuit Judges, and McCORMICK, District Judge.

STEPHENS, Circuit Judge.

"On a Slow Boat to China", words and music by Frank Loesser, was copyrighted, published, and placed on the market by Susan Publications, Inc., in 1948. It enjoyed a considerable commercial success. Robert E. Overman heard "Slow Boat" and noted what he believed to be a similarity between the Loesser tune and the song "Wonderful You" for which he [Overman] had written the music, and Mrs. Betty Hawes the words, and on which they had received...

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