AMERICAN METROPOLITAN ENT. OF N. Y., INC. v. WARNER BROS. RECORDS, INC.

No. 173, Docket 31664.

389 F.2d 903 (1968)

AMERICAN METROPOLITAN ENTERPRISES OF NEW YORK, INC., Jay Boy Music Corp., Piccadilly Music Corp., and Edward Kassner Music Co., Ltd., Plaintiffs-Appellants, v. WARNER BROS. RECORDS, INC., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 16, 1968.


Attorney(s) appearing for the Case

Arnold I. Burns, New York City (Erwin Cherovsky, and Mermelstein, Burns & Lesser, New York City, on the brief), for plaintiffs-appellants.

Carleton G. Eldridge, Jr., New York City (Stephen Sayre Singer, and Coudert Brothers, New York City, on the brief), for defendant-appellee.

Abeles & Clark, New York City (Julian T. Abeles, John S. Clark, and Robert C. Osterberg, New York City, of counsel), for National Music Publishers' Association, Inc., amicus curiae.

Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.


J. JOSEPH SMITH, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York, John F. X. McGohey, Judge, denying an application for a preliminary injunction in a copyright infringement action. We find no error and affirm the order denying an injunction.

Edward Kassner Music Co., Ltd., an English corporation, had acquired the world-wide copyrights to musical compositions written by Ray Davies.

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