Legal Opinion
Manning v. Miller Music Corporation
District Court, S.D. New York
Decided June 10, 1959PublishedCited by 29 opinions
1Opinion of the Court
FREDERICK van PELT BRYAN, District Judge.
All of the corporate defendants except Remick Music Corporation move to dismiss the complaint on the grounds that it fails to state a claim upon which relief can be granted, and that plaintiffs are not the real parties in interest. Rules 12(b)(6) and 17(a), F.R.Civ.P., 28 U. S.C.
Plaintiffs Manning and Stock allege that they are the composers of the song “Morningside of the Mountain”, that Music Publishers Holding Corporation (not a party to this action) secured a copyright on their song pursuant to a written agreement with them, and that Music…
2Cases cited33 opinions
- Watson v. BuckSupreme Court of the United States · 1941
- Gayler v. WilderSupreme Court of the United States · 1851
- Independent Wireless Telegraph Co. v. Radio Corp. of AmericaSupreme Court of the United States · 1926
- Western Electric Co. v. Pacent Reproducer CorporationCourt of Appeals for the Second Circuit · 1930
- Dam v. Kirk La Shelle Co.Court of Appeals for the Second Circuit · 1910
28 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Don King Productions, Inc. v. DouglasDistrict Court, S.D. New York · 1990
- Jack Cortner and Jon Silberman v. Robert Israel, Score Productions, Inc., American Broadcasting Music, Inc., and Abc Sports, Inc.Court of Appeals for the Second Circuit · 1984
- Mellencamp v. Riva Music Ltd.District Court, S.D. New York · 1988
- Cable Vision, Inc., and Idaho Microwave, Inc. v. Kutv, Inc., the Klix CorporationCourt of Appeals for the Ninth Circuit · 1964
- Helen Walker v. University Books, Inc.Court of Appeals for the Ninth Circuit · 1979
24 more not listed; retrieve them via the Exa API.