SHAPIRO, BERNSTEIN & CO. v. GOODY

No. 238, Docket 24392.

248 F.2d 260 (1957)

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-Appellants, Helen D. Miller, Individually and as Executrix of the Estate of Alton G. Miller, Deceased, Plaintiff, v. Sam GOODY and Portem Distributing, Inc., Defendants-Appellees, 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., and Joseph Krug, individually and doing business as A. F. N. Record Co., Defendants.

United States Court of Appeals Second Circuit.

Decided September 28, 1957.


Attorney(s) appearing for the Case

Julian T. Abeles (of Abeles & Bernstein), New York City, for plaintiffs-appellants.

A. M. Lowenthal (of Telsey & Lowenthal), New York City (Leon G. Telsey, New York City, on the brief), for defendant-appellee, Sam Goody.

Before HINCKS, LUMBARD and WATERMAN, Circuit Judges.


HINCKS, Circuit Judge.

The plaintiffs-appellants, music publishers, and the defendants-appellees, Goody and Portem Distributing, Inc., moved for summary judgment on the following facts.

Joseph Krug, an original defendant below, manufactured two long-play phonograph disks on which were recorded propaganda radio broadcasts made by Major Alton "Glenn" Miller and his orchestra during the Second World War. These records included nine copyrighted musical selections...

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