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VAN VALKENBURGH v. HAYDEN PUB. CO.

30 N.Y.2d 34 (1972)

Van Valkenburgh, Nooger & Neville, Inc., Respondent-Appellant, v. Hayden Publishing Company, Inc. et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided February 10, 1972.

Attorney(s) appearing for the Case

John E. Haigney and Ronald M. Glick for appellants-respondents.

Ephraim London, John E. Halpin and Bonnie P. Winawer for respondent-appellant.

Edward C. Wallace, Kevin P. Hughes and Heather Grant Florence for Association of American Publishers, Inc., amicus curiae.

Bella L. Linden and David Blasband for Harcourt Brace Jovanovich, Inc., amicus curiae.

Irwin Karp for Authors League of America, Inc., amicus curiae.

Judges BURKE, SCILEPPI, BREITEL and GIBSON concur with Judge BERGAN; Chief Judge FULD dissents in part and votes to modify in a separate opinion in which Judge JASEN concurs.

BERGAN, J.

Plaintiff corporation is the copyright owner of a series of books on basic electricity, the publication of which is the subject of this litigation. Defendant Hayden Book Company, Inc. has merged with, and is the successor of, John F. Rider Publisher, Inc., which, under agreement with plaintiff, published the series. Defendant Hayden Publishing Company, Inc. is the owner of all the stock of the merged...

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