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APPLE v. CAPITOL RECORDS

137 A.D.2d 50 (1988)

Apple Records, Inc., et al., Appellants, v. Capitol Records, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 17, 1988

Attorney(s) appearing for the Case

Leonard M. Marks of counsel (Paul V. LiCalsi, Alan R. Friedman and Thomas P. McCaffrey with him on the brief; Gold Farrell & Marks, attorneys), for appellants.

Daniel R. Murdock of counsel (Charles W. Gerdts, III, Jeffrey A. Conciatori and Peter A. Bicks with him on the brief; Donovan Leisure Newton & Irvine and Latham & Watkins, attorneys), for respondents.

KUPFERMAN, J. P., SANDLER and SMITH, JJ., concur.

CARRO, J.

Twenty-six years ago, just before the Beatles exploded onto the musical scene and were still relatively unknown musicians, they entered into a standard form agreement with defendant EMI Records Limited (EMI), granting EMI the exclusive right to distribute Beatles' recordings worldwide, in return for which the Beatles were to receive certain royalty payments...

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