Tempo Music Inc. v. Myers

CRAVEN, Circuit Judge: Because the Showmen Four ""Combo"" played four popular songs for the enjoyment of patrons of the Gold Leaf Supper Club, Proprietor James D. Myers found himself mulcted in damages, $250 for the performance of each song, plus an award of $1,000 as counsel fees. To prevent what seems to us manifest injustice, we reverse and remand with instructions to dismiss the complaint.