Biltmore Music Corporation v. Kittinger

238 F.2d 373 111 U.S.P.Q. 228 BILTMORE MUSIC CORPORATION and Herbert Brownell, Jr., Attorney General of the United States, as Successor to the Alien Property Custodian, Appellants, v. Robert W. KITTINGER, Appellee. No. 14625. United States Court of Appeals Ninth Circuit. Aug. 3, 1956. Writ of Certiorari Denied Dec. 17, 1956. See 77 S.Ct. 327 . Abraham Marcus, Beverly Hills, Cal., Louis A. Dreyer, New York City, Leonard Zissu, Beverly Hills, Cal., for appellant Biltmore Music Corp. Laughlin E. Waters, U.S. Atty., Arline Martin, Asst. U.S. Atty., Los Angeles, Cal., Herbert Brownell, Jr., Asst. Atty. Gen., for appellant Herbert Brownell, Jr. William C. Babcock, Frederick E. Mueller, Long Beach, Cal., for appellee. Before FEE and CHAMBERS, Circuit Judges, and WALSH, District Judge. JAMES ALGER FEE, Circuit Judge. 1 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. 2 The agreed statement of…