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JERRY VOGEL MUSIC CO. v. EDWARD B. MARKS MUSIC CORP.

No. 53, Docket 33321.

425 F.2d 834 (1969)

JERRY VOGEL MUSIC CO., Inc., Plaintiff-Appellant, v. EDWARD B. MARKS MUSIC CORPORATION, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 24, 1969.

Attorney(s) appearing for the Case

Leo E. Falkin, New York City (Seligson & Falkin, New York City, of counsel), for plaintiff-appellant.

Arthur E. Garmaize, New York City, for defendant-appellee.

Before FRIENDLY, SMITH and FEINBERG, Circuit Judges.

FRIENDLY, Circuit Judge:

Nearly fifty years ago Overstreet composed the music, Henderson made an arrangement, and Higgins wrote the words for a song which was published and duly copyrighted in 1923. Higgins married Ida Stern on November 24, 1924, and died on April 19, 1937. In the late 1940's Mrs. Higgins, Henderson and Overstreet's next of kin assigned their interests in the renewal rights to the defendant, which received a renewal certificate on October 12, 1950...

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