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GORDON v. LEONETTI

No. 114, Docket 28265.

324 F.2d 491 (1963)

Alen GORDON, Plaintiff-Appellant, v. Andrew LEONETTI d/b/a Musicraft Publishers Co., Muse Enterprises, Inc., and "Leonard Baker," "Pat Roe," "Pat Doe" and "Joe Jones", true names being fictitious and unknown at this time, the persons intended being members of "The Chimes," a vocal group, and Superior Record Sales Co., Inc., Defendants-Respondents.

United States Court of Appeals Second Circuit.

Decided November 21, 1963.

Attorney(s) appearing for the Case

Hendler & Murray, New York City, Attorneys for plaintiff-appellant.

Martin J. Machat, New York City, Attorney for defendants-respondents.

Before SWAN, CLARK and MARSHALL, Circuit Judges.

PER CURIAM.

This action for copyright infringement was discontinued in 1961 pursuant to a stipulation of settlement which contained mutual contractual obligations as to future conduct by the parties. In February 1963 the plaintiff moved to vacate the discontinuance and to grant judgment against Muse Products, Inc., for liquidated damages of $1,000. The motion was supported by plaintiff's affidavit. His obligation under the stipulation was to supply two successive...

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