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CHAPPELL & CO. v. FRANKEL

No. 296, Docket 29781.

367 F.2d 197 (1966)

CHAPPELL & CO., Inc., T. B. Harms Company, Williamson Music, Inc., Frank Loesser and Frank Music Corp., Plaintiffs-Appellants, v. J. Jay FRANKEL, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Submitted September 28, 1966.

Decided October 13, 1966.

Attorney(s) appearing for the Case

Julian T. Abeles, New York City, for plaintiffs-appellants (Robert C. Osterberg, New York City, on the brief).

Martin J. Machat, Alan Kahn, David I. Barrett, New York City, for defendant-appellee.

Before LUMBARD, Chief Judge, and WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS, ANDERSON and FEINBERG, Circuit Judges.

Submitted to Court in Banc September 28, 1966.

WATERMAN, Circuit Judge:

Appellants commenced this action in the United States District Court for the Southern District of New York on June 10, 1964, alleging that the manufacture and sale of certain phonograph records by two corporations, which appellee controlled,1 infringed copyrights owned by appellants, in violation of federal copyright law. 17 U.S.C. § 1 et seq.

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