Opinion · Court of Appeals for the Second Circuit
Gumm v. Jerry Vogel Music Co.
158 F.2d 516
- Type
- Opinion
- Court
- Court of Appeals for the Second Circuit
- Jurisdiction
- Federal
- Date
- 1946-12-10
- Topic
- bankruptcy
PER CURIAM. The district judge, who tried the case without a jury, made findings of fact and conclusions of law, and rendered a written opinion reported as Von Tilzer v. Jerry Vogel Music Co., 53 F.Supp. 191. The evidence is sufficient to sustain the findings of fact, and none of them can be reversed as clearly erroneous. Also the questions of law which the appeal presents were correctly decided.
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GUMM v. JERRY VOGEL MUSIC CO.,158 F.2d 516(2nd Cir. 1946)
GUMM v. JERRY VOGEL MUSIC CO., Inc., et al.
No. 9, Docket 20111.
Circuit Court of Appeals, Second Circuit.
December 10, 1946.
Action by Harry Von Tilzer, whose executor, H. Harold Gumm, was substituted after his death during the pendency of this appeal, and Harry Von Tilzer Music Publishing Co, against Jerry Vogel Music Co., Inc., for infringement of renewal copyrights on seven popular songs, wherein the defendant filed a counterclaim. From a judgment,53 F. Supp. 191, granting the plaintiffs an injunction and accounting as to six of the causes of action, with an allowance of $10,000 as attorneys' fee, and dismissing the counterclaim as to three of the causes of action, the defendant appeals.
Affirmed.
Phillips, Nizer, Benjamin Krim, of New York City (Louis Nizer, William Goldie, Leon Alexandroff and Gerald Meyer, all of New York City, of counsel), for appellees.
Before SWAN, CLARK and FRANK, Circuit Judges.
Judgment affirmed.Page 517