Smith v. George E. Muehlebach Brewing Company

RIDGE, District Judge.

Plaintiff makes claim against defendant for infringement of copyright for a musical composition entitled “Tic Toe”. At pre-trial conference it was stipulated that the issue of law as to whether such musical composition is or was a proper subject of copyright in light of the public domain defense asserted by defendant, should first be submitted to the Court for determination upon the pleadings and depositions, as modified by the pre-trial order entered herein, before the parties were put to expense of trial. We now proceed to determine that legal issue. The facts in…