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BRIGHT v. PITTSBURGH MUSICAL SOCIETY (11/08/54)

November 8, 1954

BRIGHT
v.
PITTSBURGH MUSICAL SOCIETY, AMERICAN FEDERATION OF MUSICIANS, LOCAL SIXTY, APPELLANT.



Appeal, No. 232, March T., 1954, from decree of Court of Common Pleas of Allegheny County, april T., 1954, No. 94, in case of Jackie Bright v. Pittsburgh Musical Society, American Federation of Musicians, Local 60, and Hal C. Davis et al. Decree affirmed. Bill in equity. Before SMART, J. Defendants' preliminary objections dismissed and order entered awarding plaintiff injunctive relief. Defendants appealed.

COUNSEL

Sylvan Libson, with him Sigmund Rosenwasser, for appellants.

Morris Zimmerman, for appellee.

Before Stern, C.j., Stearne, Jones, Chidsey, Musmanno and Arnold, JJ.

Author: Chidsey

[ 379 Pa. Page 336]

OPINION BY MR. JUSTICE CHIDSEY

This is an appeal from the order of the Court of Common Pleas of Allegheny County, granting a preliminary

[ 379 Pa. Page 337]

    injunction against the appellants, Pittsburgh Musical Society, American Federation of Musicians, Local Sixty, and its officers individually, enjoining them from directing or requesting members of appellant union not to play live music for appellee at his public performances, from maintaining appellee's name on appellant union's unfair list and from requesting the American Federation of Musicians (a national union) to place appellee on its unfair list.

Appellee, a resident of New York, is a professional entertainer, who performs a comedy act at night clubs, conventions and similar places. He has been engaged in this activity for twenty years and for the past six years he has appeared professionally in night clubs in Allegheny County. Appellee plays no musical instrument, but performs under a standard form of employment contract (as required by the American Guild of Variety Artists, of which he is a member), which provides that the operator of any night club in which appellee performs is required at his own expense to furnish appellee with live musical accompaniment for rehearsals and for performances. Music is played upon appellee's entrance to start his performance and his exit upon completing it. It is also played from time to time during his performance to add color and enhance audience appreciation of his act.

Appellant union is an unincorporated association of musicians. Its jurisdiction is limited to Allegheny County. The musicians who furnished the music for appellee's act in the past in Allegheny County were all members of appellant union.

At some time prior to November 25, 1953, a dispute arose between appellant union and a group of radio entertainers known as "disc jockeys". A "disc jockey" is a combination announcer and commentator who, ...


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