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MILLER v. GOODY

139 F.Supp. 176 (1956)

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.

March 16, 1956.

Attorney(s) appearing for the Case

Abeles & Bernstein, New York City, attorneys for plaintiffs, 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. by Julian T. Abeles, New York City, of counsel.

Telsey, Lowenthal, Rothenberg & Mason, New York City, for defendant, Sam Goody, by Leon G. Telsey, Abraham M. Lowenthal, New York City, of counsel.

Raucher & Leftoff, New York City, for defendant Portem Distributing, Inc. by Morris B. Raucher, New York City, of counsel.

IRVING R. KAUFMAN, District Judge.

Some time in 1951, defendant Joseph Krug, a phonograph record salesman, came into possession of certain acetate disks recording propaganda radio broadcasts made by Glenn Miller and orchestra when Mr. Miller was a major in the United States Army during World War II. Krug tape-recorded the selections on those disks, and from the tapes he made the matrices, plates, molds, stamps, etc., necessary...

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