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DUCHESS MUSIC CORP. v. GEN. MUSIC PUB.

28 Misc.2d 359 (1960)

Duchess Music Corporation et al., Plaintiffs, v. General Music Publishing Company, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

October 25, 1960

Attorney(s) appearing for the Case

Halperin, Morris, Granett & Cowan (A. Halsey Cowan and Irving Lemov of counsel), for General Music Publishing Co., Inc., defendant. Rosen, Seton & Sarbin for plaintiffs.

SAMUEL M. GOLD, J.

Defendant General Music Publishing Company, Inc., had assumed and acted upon its claim of right to the subject musical composition by virtue of the assignment to it by one Norman Span as the claimed writer. Plaintiff Duchess Music Corporation and, through it, others had assumed and acted upon the claim of right to exploit the composition of one Harry Thomas. Defendant General instituted an...

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