ROSE v. BOURNE, INC.

No. 308, Docket 26015.

279 F.2d 79 (1960)

Billy ROSE, Ray Henderson and Mel Torshin, as Executor of the Estate of Mort Dixon, Appellants, v. BOURNE, INC., Appellee.

United States Court of Appeals Second Circuit.

Decided May 31, 1960.


Attorney(s) appearing for the Case

Schulman & Stern, New York City (John Schulman, Martin Bressler, New York City, of counsel), for appellants.

Phillips, Nizer, Benjamin, Krim & Ballon, New York City (Walter S. Beck, Simon Rose, and Albert F. Smith, New York City, of counsel), for appellee.

Before WATERMAN and BARNES, Circuit Judges, and SMITH, District Judge.


PER CURIAM.

This case calls for an adjudication of the ownership of the right to renew the copyright upon the song, "That Old Gang of Mine." The song was written by Billy Rose, Mort Dixon and Ray Henderson.1 Dixon died sometime subsequent to May 17, 1950, and the executor of his estate has joined the two surviving authors as the third plaintiff herein. On April 19, 1923 the three authors entered into an agreement with defendant's predecessor...

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