Pallant v. Sinatra
District Court, S.D. New York
1Opinion of the Court
GODDARD, District Judge.
These are motions by defendants, Sinatra, Cahn, Styne and R.K.O.-Radio Pictures Corporation to strike the plaintiff’s demand for a trial by jury of the Third and Fourth Causes of Action.
The First alleges an infringement of a statutory copyright; the Second an infringement of a common law copyright; the Third a breach of fiduciary relationship in using the composition in suit; the Fourth claims damages for breach of contract in the use of it.
Plaintiff alleges that he is the author of a composition entitled “Come Out, Come Out, Wherever You Are”; that the chorus of the…
2Cases cited8 opinions
- National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- Clark v. WoosterSupreme Court of the United States · 1886
- Pease v. Rathbun-Jones Engineering Co.Supreme Court of the United States · 1917
- Williams v. CollierDistrict Court, E.D. Pennsylvania · 1940
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3Cited by7 opinions
- Bruckman v. HollzerCourt of Appeals for the Ninth Circuit · 1946
- Hambaugh v. PeoplesNew Mexico Supreme Court · 1965
- Smith v. Carter Oil Co.District Court, W.D. Louisiana · 1952
- Tynan v. R. K. O. Radio Pictures, Inc.District Court, S.D. New York · 1948
- United States v. ShaughnessyDistrict Court, D. Massachusetts · 1949
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