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SOUTHERN MUSIC PUBLISHING CO. v. SEECO RECORDS, INC.

200 F.Supp. 704 (1960)

SOUTHERN MUSIC PUBLISHING CO., Inc., Plaintiff, v. SEECO RECORDS, INC., Defendant.

United States District Court S. D. New York.

May 12, 1960.

Attorney(s) appearing for the Case

Julian T. Abeles, New York City (John S. Clark, New York City, of counsel), for plaintiff.

Aranow, Brodsky, Bohlinger, Einhorn & Dann, New York City (David A. Drexler, New York City, of counsel), for defendant.

THOMAS F. MURPHY, District Judge.

On this motion by plaintiff for partial summary judgment only two issues are raised, the principal one being whether an alleged custom and usage in the phonograph record manufacturing industry of paying the copyright holder only for records manufactured and sold is available as a question of fact for trial in the face of a statutory right in the copyright holder for a specified royalty payment on records manufactured.

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