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MANNING v. MILLER MUSIC CORPORATION

174 F.Supp. 192 (1959)

Dick MANNING and Larry Stock, Plaintiffs, v. MILLER MUSIC CORPORATION, Twentieth Century Music Corporation, Twentieth Century-Fox Film Corporation, Paul Francis Webster, Sammy Fain and Remick Music Corporation, Defendants.

United States District Court S. D. New York.

June 10, 1959.

Attorney(s) appearing for the Case

George Garfunkel, New York City, for plaintiffs.

Abeles & Bernstein, New York City, Arnold J. Bernstein, New York City, of counsel, for defendants Miller Music Corp., Twentieth Century Music Corp., and Twentieth Century-Fox Film Corp.

FREDERICK van PELT BRYAN, District Judge.

All of the corporate defendants except Remick Music Corporation move to dismiss the complaint on the grounds that it fails to state a claim upon which relief can be granted, and that plaintiffs are not the real parties in interest. Rules 12(b)(6) and 17(a), F.R.Civ.P., 28 U. S.C.

Plaintiffs Manning and Stock allege that they are the composers of the song "Morningside of the Mountain", that Music Publishers Holding...

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