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BERLIN v. E. C. PUBLICATIONS, INC.

No. 255, Docket 28502.

329 F.2d 541 (1964)

Irving BERLIN et al., Plaintiffs-Appellants, v. E. C. PUBLICATIONS, INC., et al., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided March 23, 1964.

Attorney(s) appearing for the Case

Julian T. Abeles, New York City, for plaintiffs-appellants.

Martin J. Scheiman, of Scheiman, Albert & MacLean, New York City (Jack N. Albert, New York City, of counsel), for defendants-appellees.

Before LUMBARD, Chief Judge, and KAUFMAN and MARSHALL, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge.

Through depression and boom, war and peace, Tin Pan Alley has light-heartedly insisted that "the whole world laughs" with a laugher, and that "the best things in life are free." In an apparent departure from these delightful sentiments, the owners of the copyrights upon some twenty-five popular songs instituted this action against the publishers, employees and distributors of "Mad Magazine," alleging that Mad's publication of satiric...

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