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JONDORA MUSIC PUBLISHING CO. v. MELODY RECORDINGS, INC.

Civ. A. No. 1741-72.

362 F.Supp. 488 (1973)

JONDORA MUSIC PUBLISHING COMPANY et al., Plaintiffs, v. MELODY RECORDINGS, INC., et al., Defendants.

United States District Court, D. New Jersey.

June 26, 1973.

Attorney(s) appearing for the Case

Abeles, Clark & Osterberg, New York City, Lum, Biunno & Tompkins by C. Stephen Barrett, III, Newark, N. J., for plaintiffs.

Glauberman & Weiss by Sheldon A. Weiss, Jersey City, N. J., for defendants, U.S. Tape, Inc. and George Tucker.

OPINION

LACEY, District Judge:

Defendants U.S. Tape Inc. and George Tucker move for the entry of summary judgment pursuant to Federal Rule 56(e), contending that the pleadings, depositions and affidavits herein evidence that there is no genuine issue as to any material fact and that they thereby are entitled to judgment. More specifically, they contend (a) the affidavits and depositions of Mr. Berman, taken November 2, 1972, show that there is no genuine...

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