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ABKCO MUSIC, INC. v. HARRISONGS MUSIC, LTD.

Nos. 505, 600, Dockets 82-7421, 82-7461.

722 F.2d 988 (1983)

ABKCO MUSIC, INC., Plaintiff-Appellant-Cross-Appellee, v. HARRISONGS MUSIC, LTD., Harrisongs Music, Inc., George Harrison, Apple Records, Inc., Broadcast Music, Inc., and Hansen Publications, Inc., Defendants-Appellees-Cross-Appellants, v. ABKCO INDUSTRIES, INC. and Allen Klein, Additional Parties with Respect to Counterclaims-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 3, 1983.

Attorney(s) appearing for the Case

Gideon Cashman, New York City (Pryor, Cashman, Sherman & Flynn, New York City, James A. Janowitz, Donald S. Zakarin, New York City, of counsel), for plaintiff-appellant-cross-appellee.

Joseph J. Santora, New York City (Santora Shenkman & Kushel, New York City, Robert B. McKay, New York City, of counsel), for defendants-appellees-cross-appellants.

Cleary, Gottlieb, Steen & Hamilton, New York City (Richard W. Hulbert, Albert S. Pergam, New York City, of counsel), co-counsel for Apple Records, Inc.

Before PIERCE, WINTER and PRATT, Circuit Judges.

PIERCE, Circuit Judge:

I. BACKGROUND

A. Events Leading to Liability Trial

On February 10, 1971, Bright Tunes Music Corporation (Bright Tunes), then copyright holder of the song "He's So Fine," composed by Ronald Mack, brought this copyright infringement action in the United States District Court for the Southern District of New York against former member of the musical group "The Beatles" George Harrison, and also against related entities...

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