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TEMPO MUSIC, INC. v. MYERS

No. 12679.

407 F.2d 503 (1969)

TEMPO MUSIC, INC., Robbins Music Corporation, Remick Music Corporation, and Mills Music, Inc., Appellees, v. James D. MYERS, Appellant.

United States Court of Appeals Fourth Circuit.

Decided February 27, 1969.

Attorney(s) appearing for the Case

Robert M. Bryant, Winston-Salem, N. C., for appellant.

W. P. Sandridge, Jr., Winston-Salem, N. C., and Herman Finkelstein, New York City (Carl L. Zanger, New York City, and I. T. Cohen, Atlanta, Ga., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and BOREMAN and CRAVEN, Circuit Judges.

CRAVEN, Circuit Judge:

Because the Showmen Four "Combo" played four popular songs for the enjoyment of patrons of the Gold Leaf Supper Club, Proprietor James D. Myers found himself mulcted in damages, $250 for the performance of each song, plus an award of $1,000 as counsel fees. To prevent what seems to us manifest injustice, we reverse and remand with instructions to dismiss the complaint.

Although "[c]ases involving...

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