Kittinger

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 herein arises under the copyright law of the United States ( 17 United States Code, Sections 1 to 215, inclusive) and the Trading With the Enemy Act (50 United States Code, Appendix Section 17) and jurisdiction is based upon Section 1331 of Title 28 of the United States Code as Amended.

“2. Plaintiff Biltmore Music Corporation (hereinafter referred to as ‘Biltmore’) is and at all times since March 8, 1948, has been a corporation organized and existing under the laws of the State of New York.

"3. Plaintiff Herbert G. Brownell is the Attorney General of the United States and is the successor to the Alien Property…