Machtenberg v. Sterner

KNOX, District Judge.

This action is for copyright infringement of a musical composition. Defendant has moved for a bill of particulars upon service made after the effective date of the amendment to Rule 12(e), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, which abolishes such bills. However, the service was only three days after the amendment’s elective date. Plaintiff has not objected to the motion on this ground, and the Rules provide for a motion for a more definite statement. Those factors suggest that the merits be examined.

By a request for particulars directed to…