Legal Opinion

Pallant v. Sinatra

District Court, S.D. New York

Decided January 5, 1945PublishedCited by 7 opinions

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

  1. National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
  2. Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
  3. Clark v. WoosterSupreme Court of the United States · 1886
  4. Pease v. Rathbun-Jones Engineering Co.Supreme Court of the United States · 1917
  5. Williams v. CollierDistrict Court, E.D. Pennsylvania · 1940

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Bruckman v. HollzerCourt of Appeals for the Ninth Circuit · 1946
  2. Hambaugh v. PeoplesNew Mexico Supreme Court · 1965
  3. Smith v. Carter Oil Co.District Court, W.D. Louisiana · 1952
  4. Tynan v. R. K. O. Radio Pictures, Inc.District Court, S.D. New York · 1948
  5. United States v. ShaughnessyDistrict Court, D. Massachusetts · 1949

2 more not listed; retrieve them via the Exa API.

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