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MILLER v. UNIVERSAL PICTURES CO.

11 A.D.2d 47 (1960)

Helen D. Miller, Individually and as Executrix of Alton G. Miller, Respondent, v. Universal Pictures Company, Inc., et al., Appellants

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

June 14, 1960.

Attorney(s) appearing for the Case

Henry Cohen of counsel (Robert J. Feldman and Edgar M. Rubin with him on the brief; Cohen & Sandomire, attorneys for Decca Records, Inc., and Adolph Schimel, attorney for Universal Pictures Company, Inc.), for appellants.

Jesse Climenko of counsel (Herbert L. Scharf with him on the brief; David Mackay, attorney), for respondent.

BREITEL, J. P., VALENTE, McNALLY and STEVENS, JJ., concur; M. M. FRANK, J., deceased.

Per Curiam.

Defendants Universal Pictures and Decca Records appeal from an interlocutory judgment directing a reference. The Referee is to take an accounting as to plaintiff's damages and defendants' profits resulting from the release by Decca Records of phonograph records made from the sound track of a motion picture entitled "The Glenn Miller Story" which was produced by Universal Pictures.

Glenn Miller in...

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