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FRANKLIN v. HART

129 F.Supp. 222 (1955)

Dave FRANKLIN and Helen R. Dubin, Plaintiffs, v. Bernard HART, Joseph M. Hyman and Mayfair Music Corp., Defendants.

United States District Court, S. D. New York.

March 16, 1955.

Attorney(s) appearing for the Case

Wattenberg & Wattenberg, New York City, for plaintiffs.

Reinheimer & Cohen, New York City, for defendants Hart & Hyman.

BICKS, District Judge.

This is an application for an injunction pendente lite restraining the individual defendants from licensing or selling the title "Anniversary Waltz" to a motion picture producer.

The complaint purports to set forth three causes of action. It is alleged that plaintiffs in 1941 wrote and composed1 a new and original musical composition and gave to it the title "The Anniversary Waltz"; that said title was new...

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