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TWENTIETH CENTURY MUSIC CORPORATION v. AIKEN

Civ. A. No. 72-440.

356 F.Supp. 271 (1973)

TWENTIETH CENTURY MUSIC CORPORATION and Mary M. Bourne, Plaintiffs, v. George AIKEN, Defendant.

United States District Court, W. D. Pennsylvania.

March 26, 1973.

Attorney(s) appearing for the Case

William M. Wycoff, Thorp, Reed & Armstrong, Pittsburgh, Pa., Bernard Korman, Asst. Gen. Counsel, ASCAP, New York City, N. Y., for plaintiffs.

W. E. Frazier, Jr., Pittsburgh, Pa., for defendant.

Thomas N. Dowd, William S. D'Amico, Pierson, Ball & Dowd, Washington, D. C., amici curiae, on behalf of Business Music of Birmingham and others (Muzak).

OPINION

WEIS, District Judge.

Whether this is a "Jewell" of a case for the plaintiffs or a "Fortnightly" event for the defendant is the question to be resolved in this claim of copyright infringement, an alleged violation of 17 U.S.C. § 1.

The defendant, George Aiken, owns and operates a chain of "fast service" food establishments in the Pittsburgh area, including one in the downtown section. This particular restaurant retails both take-out...

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