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EDWARD B. MARKS M. CORP. v. CHARLES K. HARRIS M. P. CO.

No. 276, Docket 24042.

255 F.2d 518 (1958)

EDWARD B. MARKS MUSIC CORPORATION, Plaintiff-Appellant-Appellee, v. CHARLES K. HARRIS MUSIC PUBLISHING CO., Inc., Defendant-Appellee-Appellant.

United States Court of Appeals Second Circuit.

Decided May 16, 1958.

Attorney(s) appearing for the Case

Julian T. Abeles, New York City, for plaintiff-appellant-appellee.

Maxwell Okun, of Fishbein & Okun, New York City (Arthur L. Fishbein, of Fishbein & Okun, New York City, on the brief), for defendant-appellee-appellant.

Before CLARK, Chief Judge, LUMBARD, Circuit Judge, and DIMOCK, District Judge.

CLARK, Chief Judge.

Plaintiff instituted this action in 1944 for a declaratory judgment that it was the sole owner of the renewed copyrights in a number of songs written by Joseph E. Howard and for an injunction restraining defendant from infringing its copyrights. Defendant asked by way of counterclaim for like relief in its favor. After numerous delays the case came to trial in 1955. The district court's judgment declared the defendant the sole owner of the renewed...

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