Biltmore Music Corp. v. Kittinger

JAMES ALGER FEE, Circuit Judge.

This action for infringement of copyright was tried by the court without a jury. In the court below and in the arguments here, the pleadings have been disregarded. There was an agreed statement of facts introduced into the record and upon this alone the cause was decided. Findings of fact, conclusions of law and judgment for defendant were entered.

The agreed statement of facts is as follows:

“It Is Hereby Stipulated by and between the parties hereto, through their respective counsel, that the following statements of fact are true:

“1. The cause of action involved…