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UNITED STATES v. SLAPO

No. 66 Cr. 691.

285 F.Supp. 513 (1968)

UNITED STATES of America, v. Jules G. SLAPO, Sidney Rogoff, Leonard Bidney and E and E Bindery Service, Inc., Defendants.

United States District Court S. D. New York.

May 31, 1968.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U.S. Atty., for the Southern District of New York, New York City, for the United States; Stephen F. Williams, Asst. U.S. Atty., of counsel.

Buchner & Fassler, New York City, for defendants Jules G. Slapo, Sidney Rogoff and E and E Bindery Service, Inc.; Leonard J. Fassler, New York City, of counsel.

Irwin Klein, New York City, for defendant Leonard Bidney.

OPINION

WEINFELD, District Judge.

Assuming, as the defendants allege, that "fake books" have been accepted by the music industry without opposition, we have not yet reached the point, at least in this court's view, where an industry custom and practice serves to repeal criminal laws.1 Equally, the fact, if it be a fact, that no copyright owner has brought suit for infringement does...

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