Legal Opinion · Dissent

Arnstein v. Porter

Court of Appeals for the Second Circuit

Decided February 11, 1946No. 169Published

1DissentClark, Circuit Judge

While the procedure followed below seems to me generally simple and appropriate, the defendant did make one fatal tactical error. In an endeavor to assist us, he caused to be prepared records of all the musical pieces here involved, and presented these transcriptions through the medium of the affidavit of his pianist. Though he himself did not stress these records and properly met plaintiff’s claims as to the written music with his own analysis, yet the tinny tintinnabulations of the music thus canned resounded through the United States Courthouse to the exclusion of all else, including the…

2Cases cited29 opinions

  1. Associated Press v. United StatesSupreme Court of the United States · 1945
  2. Associated Press v. United StatesSupreme Court of the United States · 1945
  3. Doehler Metal Furniture Co. v. United StatesCourt of Appeals for the Second Circuit · 1945
  4. United States v. Associated PressDistrict Court, S.D. New York · 1943
  5. Milcor Steel Co. v. George A. Fuller Co.Supreme Court of the United States · 1942

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