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ROULETTE RECORDS v. PRINCESS PROD.

15 A.D.2d 335 (1962)

Roulette Records, Inc., Respondent, v. Princess Production Corporation et al., Appellants, et al., Defendants

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

February 8, 1962.

Attorney(s) appearing for the Case

Stanley Rothenberg of counsel (Albert Heit and Harry W. Jacobs with him on the brief; Margulies & Heit, attorneys), for appellants.

Irving Lemov (A. Halsey Cowan with him on the brief), for respondent.

VALENTE, J. P., and EAGER, J., concur with McNALLY, J.; STEUER, J., dissents in opinion in which STEVENS, J., concurs.

McNALLY, J.

Defendants-appellants, Princess Production Corporation and Burt Balaban, appeal from the judgment entered December 20, 1960 enjoining them from producing and selling phonograph records of the vocalist Sarah Vaughan, reproduced from the sound track of the motion picture entitled "Murder, Inc.", and awarding plaintiff damages in the sum of $8,600.

The first cause of action is directed against...

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