ARNSTEIN V. PORTER
154 F.2d 464 (1946)
NATURE OF THE CASE: Arnstein (P) sought review of the judgment which pursuant to Fed. R. Civ. P. 56, denied him his right to jury trial in his copyright infringement action based on musical works, and filed under the Sherman Act, 15 U.S.C.S. 1, for damages.
FACTS: Arnstein (P) sued Cole Porter (D) for copyright infringement. P also filed a jury demand which Porter (D) moved to strike out. P alleged that numerous songs written by D were taken from copyrighted songs that belonged to P. P was deposed and claimed that D had him followed and watched and that his room had been ransacked on several occasions. P admitted that he did not know if D had anything to do with any of the break ins but that only he could have. D denied ever seeing or hearing any of P's compositions of that he had any acquaintance with persons who might have stolen them. D's summary judgment motion was granted. P appealed pro se.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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