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TOBIAS v. JOY MUSIC

46 Misc.2d 951 (1965)

Charles Tobias et al., Respondents, v. Joy Music, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

April 22, 1965

Attorney(s) appearing for the Case

Julian T. Abeles and Robert C. Osterberg for appellant. Jack M. Ginsberg and Norma Hack for respondents.

Concur — TILZER, J. P., GOLD and CAPOZZOLI, JJ.

Per Curiam.

The award by the United States District Court for the Southern District of New York, in the prior action, of reasonable attorney's fees to defendant, apparently pursuant to section 116 of the Copyright Law (U. S. Code, tit. 17) is not res judicata as to the extent of plaintiffs' liability. That award was based upon a statute providing for the award of "a reasonable attorney's fee", not, as in the instant case, upon a contract between the...

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