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COLUMBIA BROADCASTING SYS., INC. v. TELEPROMPTER CORP.

No. 64 Civ. 3814.

355 F.Supp. 618 (1972)

COLUMBIA BROADCASTING SYSTEM, INC., et al., Plaintiffs, v. TELEPROMPTER CORPORATION and Conley Electronics Corporation, Defendants.

United States District Court, S. D. New York.

May 2, 1972.

Attorney(s) appearing for the Case

Rosenman, Colin, Kaye, Petschek, Freund & Emil, by Asa D. Sokolow, Renee J. Roberts, James K. Nevling, Jr., Harry Olsson, New York City, for plaintiff Columbia Broadcasting System, Inc.

Marshall, Bratter, Greene, Allison & Tucker, by Royal E. Blakeman, Bertram Weidberg, New York City, for plaintiff Calvada Productions.

Alexander & Green, by Alfred C. Moran, New York City, for plaintiff Jack Chertok Television, Inc.

Graubard, Moskovitz, McGoldrick, Dannett & Horowitz, by Bernard Buchholz, New York City, for plaintiff, Dena Pictures, Inc.

Cleary, Gottlieb, Steen & Hamilton, by Robert C. Barnard, R. Michael Duncan, Washington, D. C., Katz, Schier, Rosensweig & Sindle, by Walter C. Schier, David Z. Rosensweig, New York City, for defendants.

OPINION

MOTLEY, District Judge.

I. Introduction

Four years ago, in Fortnightly Corp. v. United Artists Television, Inc., 392 U.S. 390, 88 S.Ct. 2084, 20 L.Ed.2d 1176 (1968) (Fortnightly), the Supreme Court developed the test by which the copyright liability of community antenna television (CATV) systems was to be measured.1 Progress...

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