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ROSE v. BOURNE, INC.

172 F.Supp. 536 (1959)

Billy ROSE, Ray Henderson and Mel Torshin, as Executors of the Estate of Mort Dixon, Plaintiffs v. BOURNE, INC., Defendant.

United States District Court S. D. New York.

April 22, 1959.

Attorney(s) appearing for the Case

Hays, St. John, Abramson & Heilbron, New York City, for plaintiffs.

Phillips, Nizer, Benjamin & Krim, New York City, for defendant, Walter S. Beck, Simon Rose, Albert F. Smith, New York City, of counsel.

DIMOCK, District Judge.

This is a motion by plaintiffs for a voluntary dismissal with prejudice. Plaintiffs are assignors of the copyright of a song, "That Old Gang of Mine". They bring this action against the assignee for infringement. The action is based on the theory that the assignment conveyed only the original term, that the original term has expired and that the assignors have renewed the copyright for their own benefit.

Defendant counterclaimed for...

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