WALSH v. RADIO CORPORATION OF AMERICA

No. 157, Docket 25751.

275 F.2d 220 (1960)

Joseph F. WALSH, Trustee of the Estate of Frank Dailey's Meadowbrook, Inc., Bankrupt, Plaintiff-Appellant, v. RADIO CORPORATION OF AMERICA and Helen D. Miller as Executrix of the Estate of Alton Glenn Miller, also known as Glenn Miller, Deceased, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided March 2, 1960.


Attorney(s) appearing for the Case

Frank Weinstein, New York City (Weinstein & Levinson, New York City, on the brief), for plaintiff-appellant.

Alice B. Gilbert, New York City (Cahill, Gordon, Reindel & Ohl, New York City, on the brief), for defendant-appellee Radio Corporation of America.

David Mackay, New York City, for defendant-appellee Helen D. Miller, Executrix.

Before CLARK, HINCKS and WATERMAN, Circuit Judges.


HINCKS, Circuit Judge.

In 1939, Glenn Miller, the orchestra leader and arranger, who had not yet reached the widespread popularity which he later attained, played two series of performances with his orchestra at Frank Dailey's Meadowbrook, Inc., a New Jersey night club, of which the plaintiff below is the trustee in bankruptcy. The contract for the later series as signed by the parties was evidenced by a printed form, designated on its face as A. F. of M. No. 300...

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