MILLER v. GOODY


125 F.Supp. 348 (1954)

Helen D. MILLER, Individually and as Executrix of the Estate of Alton G. Miller, Deceased, Shapiro, Bernstein & Co., Inc., Gershwin Publishing Corporation, Edward B. Marks Music Corporation, Miller Music Corporation, Lewis Music Publishing Company, Inc., and Mutual Music Society, Inc., Plaintiffs, v. Sam GOODY, Sidney Turk and Harold Grossbardt, individually and doing business as Colony Record & Radio Center, Colony Record & Radio Center, Inc., Arcade Music Shop, Inc., Rivoli Music Center, Inc., Portem Distributing, Inc., and Joseph Krug, individually and doing business as A. F. N. Record Co., Defendants.

United States District Court S. D. New York.

November 3, 1954.


Attorney(s) appearing for the Case

Abeles & Bernstein, New York City, Julian T. Abeles, New York City, of counsel, for plaintiffs Shapiro, Bernstein & Co., Inc., Gershwin Pub. Corp., Edward B. Marks Music Corp., Miller Music Corp., Lewis Music Pub. Co., Inc., and Mutual Music Soc., Inc.

Dickstein, Shapiro & Friedman, New York City, Giuffre Gelbard & Spitz, New York City, Sidney Dickstein, New York City, of counsel, for defendant Joseph Krug, individually and doing business as A. F. N. Record Co.


DAWSON, District Judge.

This is a copyright infringement action in which a motion has been made by all of the plaintiffs except Helen D. Miller, individually and as administratrix, to enter default judgment in favor of the plaintiffs against defendant Joseph Krug, individually and doing business as A. F. N. Record Co. The fact that a default exists on the part of this defendant to the complaint of these particular plaintiffs is not denied. The application for judgment...

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