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CHOLVIN v. B. & F. MUSIC CO.

No. 12043.

253 F.2d 102 (1958)

Homer C. CHOLVIN and Norman E. Stade, Plaintiffs-Appellees. v. B. & F. MUSIC CO., Inc., and Mercury Record Corporation, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

March 6, 1958.

Attorney(s) appearing for the Case

William R. Buge and Charles F. Hough, Chicago, Ill., for appellants.

Morton Schaeffer and Libby Schaeffer, Chicago, Ill., for appellees.

Before DUFFY, Chief Judge, and SCHNACKENBERG and HASTINGS, Circuit Judges.

DUFFY, Chief Judge.

Plaintiffs are the owners of a copyright in the musical composition "When The Sun Bids The Sky Goodnight." The complaint alleges that defendants infringed this copyright by the musical composition "While We Dream." The District Court found the issues in favor of plaintiffs and ordered defendants to deliver to plaintiffs all infringing material and to pay damages, costs and attorney fees.

Plaintiff...

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