Page:Edward B. Marks Music v. Borst Music.pdf/2

 Samuel M. Hollander, Newark, N. J., Arthur E. Garmaize, New York City, for plaintiff.

Bernard W. Schnur, Newark, N. J., David P. Siegel, New York City, for defendants.

MODARELLI, District Judge.

This is the case of In the Baggage Coach Ahead v. Baggage Coach Ahead. It involves plagiarism, naughtiest of literary vices, which has had a long and dishonorable career. The complaint was originally brought under the Copyright Act by Edward B. Marks Music Corporation v. Borst Music Publishing Co. Inc., a corporation, Arthur Borst, Cyrus Borst and Coleman Records, Inc., a corporation, alleging infringement of the old popular ballad “In the Baggage Coach Ahead.” The controversy between the plaintiff and defendant, Coleman Records, Inc., has been amicably adjusted and an order of dismissal entered. Defendants, Borst Music Publishing Co. Inc., Arthur Borst, and Cyrus Borst, filed