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TOBIAS v. JOY MUSIC, INC.

204 F.Supp. 556 (1962)

Charles TOBIAS, Harry Tobias, Henry Tobias and Tobey Music Corporation, Plaintiffs, v. JOY MUSIC, INC., Defendant.

United States District Court S. D. New York.

March 6, 1962.

Attorney(s) appearing for the Case

Schulman & Stern, New York City, for plaintiffs (John Schulman and Thomas R. Levy, New York City, of counsel).

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

COOPER, District Judge.

This is an action for a declaratory judgment brought pursuant to 28 U.S.C. § 2201, to determine the ownership of the renewal copyright of the song, "Miss You."

The lyrics and music for this song were written by the three individual plaintiffs herein, and plaintiff Tobey Music Corporation is a personal corporation to which they now purport to have assigned the song's renewal copyright. Defendant is a music publisher and the successor...

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