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SCHULTZ v. HOLMES

No. 15973.

264 F.2d 942 (1959)

Mildred Becker SCHULTZ, Appellant, v. Jack HOLMES, Charles Douglas Hone, Lindley A. Jones, Carl Hoefle and Delmar S. Porter, copartners, individually and as copartners doing business under the fictitious firm name and style of Tune Towne Tunes; Hill and Range Songs, Inc., a corporation; Capitol Records, Inc., a corporation; Capitol Records Distributing Corporation, a corporation; Rumbalero Music, Inc., a corporation; Broadcast Music, Inc., a corporation; Columbia Records, Inc., a corporation; Decca Records, Inc., a corporation; Radio Corporation of America, a corporation: Loew's Inc., a corporation, Appellees.

United States Court of Appeals Ninth Circuit.

March 30, 1959.

Attorney(s) appearing for the Case

Carl Hoppe, James F. Mitchell, San Francisco, Cal., Thomas P. Mahoney, Los Angeles, Cal., for appellant.

Manuel Ruiz, Jr., Los Angeles, Cal., for Carl Hoefle and Delmar S. Porter, individually and as co-partners d/b/a Tune Towne Tunes, Capitol Records, Inc., Capitol Records Distributing Corp.

Gang, Kopp & Tyre, Milton A. Rudin, Payson Wolff, Los Angeles, Cal., for appellees Hill & Range Songs, Inc., Rumbalero Music, Inc., Broadcast Music, Inc., Decca Records, Inc., Loew's Incorporated, Radio Corporation of America, and Columbia Records, Inc.

Before BARNES, HAMLEY, and HAMLIN, Circuit Judges.

PER CURIAM.

This is a copyright infringement suit involving musical compositions, brought under 17 U.S.C.A. § 1 et seq. Plaintiff seeks to enjoin the publishing and selling of two pieces of popular music and to recover damages for infringement.

After a trial without a jury, judgment was entered for defendants and plaintiff appeals. The only question presented on this appeal is whether the findings of fact to the effect that plaintiff's music was not copied...

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