NOLAN v. WILLIAMSON MUSIC, INC.

No. 63 Civ. 2582.

300 F.Supp. 1311 (1969)

Robert NOLAN, Plaintiff, v. WILLIAMSON MUSIC, INC., and Sam Fox Publishing Company, Inc., Defendants, and Hill & Range Songs, Inc., Joachim Jean Aberbach and Julian J. Aberbach, Additional Defendants on Counterclaims.

United States District Court S. D. New York.

July 1, 1969.


Attorney(s) appearing for the Case

Lewis A. Dreyer, by Ginsberg & Hack, New York City, for plaintiff; Norma Hack, and John Clark, New York City, of counsel.

Wattenberg & Wattenberg, by Philip B. Wattenberg, New York City, for defendant Williamson.

Thomas H. Baer, by Charles A. Stillman, New York City, for defendant Fox.

Abeles & Clark, New York City, for Hill & Range Songs and Aberbachs; John S. Clark and Robert C. Osterberg, New York City, of counsel.


EDELSTEIN, District Judge.

OPINION

This action1 was brought by Robert Nolan, the composer of a musical composition entitled "Tumbling Tumbleweeds," and tried before the court without a jury. The plaintiff seeks, first of all, a declaration that a July 11, 1934, publishing agreement and a March 1, 1960, assignment were rescinded on May 16, 1963, and the defendants have had no rights in and to the song since that date. Nolan also...

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