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M. WITMARK & SONS v. TREMONT SOCIAL AND ATHLETIC CLUB

Civ. A. Nos. 59-335-C, 59-897-C.

188 F.Supp. 787 (1960)

M. WITMARK & SONS and Chappell & Co., Inc. v. TREMONT SOCIAL AND ATHLETIC CLUB. CHAPPELL & CO., Inc. and Joy Music, Inc. v. TREMONT SOCIAL AND ATHLETIC CLUB.

United States District Court D. Massachusetts.

November 16, 1960.

Attorney(s) appearing for the Case

Walter Powers, Jr., Bertram H. Loewenberg, Boston, Mass., for plaintiff.

George L. Nowell, New Bedford, Mass., for defendant.

CAFFREY, District Judge.

These two cases, which were tried together, are suits for infringement of copyright, in which the plaintiffs complain of the unauthorized public performance for profit of certain copyrighted musical compositions.1 Counsel stipulated in open court that the plaintiffs owned valid copyrights to the compositions in question; that these compositions were in fact played at defendant's club on the dates set out in the...

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