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COLUMBIA RECORDS v. GOODY

278 A.D. 401 (1951)

Columbia Records, Inc., Appellant, v. Sam Goody, Respondent

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

June 20, 1951.

Attorney(s) appearing for the Case

Godfrey Goldmark of counsel (Ralph F. Colin and Ambrose Doskow with him on the brief; Rosenman Goldmark Colin & Kaye, attorneys), for appellant.

Leon G. Telsey of counsel (A. M. Lowenthal with him on the brief; Telsey, Lowenthal, Rothenberg & Mason, attorneys), for respondent.

Henry Cohen of counsel (Cohen & Bingham, attorneys), for Decca Records, Inc., amicus curiæ.

PECK, P. J., CALLAHAN, SHIENTAG and McCURN, JJ., concur.

COHN, J.

Plaintiff appeals from a judgment dismissing its complaint after a trial at Special Term before an Official Referee to whom were referred by stipulation for determination all issues involved.

The action was brought by plaintiff pursuant to the provisions of the Feld-Crawford Fair Trade Act of the State of New York (General Business Law, § 369-a et seq.), wherein plaintiff sought an...

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