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BERNSTEIN v. UNIVERSAL PICTURES, INC.

No. 535, Docket 74-2169.

517 F.2d 976 (1975)

Elmer BERNSTEIN et al., Plaintiffs-Appellants, v. UNIVERSAL PICTURES, INC., et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 27, 1975.

Attorney(s) appearing for the Case

Theodore W. Kheel, New York City (Battle, Fowler, Lidstone, Jaffin, Pierce & Kheel, New York City, on the brief), for plaintiffs-appellants.

Simon Rose, New York City (Robert R. Salman, Janet P. Kane, and Martin Stein, New York City, of counsel; Phillips, Nizer, Benjamin, Krim & Ballon, Cahill, Gordon & Reindel, Donovan, Leisure, Newton & Irvine, Hawkins, Delafield & Wood, Shea, Gould, Climenko & Kramer, and Simpson, Thacher & Bartlett, New York City, on the brief), for defendants-appellees.

Ronald S. Rolfe, New York City (Cravath, Swaine & Moore, New York City, on the brief), for defendant-appellee Columbia Broadcasting System, Inc.

Before KAUFMAN, Chief Judge, FEINBERG, Circuit Judge, and JAMESON, District Judge.

IRVING R. KAUFMAN, Chief Judge:

This elaborate class action was conceived by 71 talented creators, all composers and lyricists, members of the Composers and Lyricists Guild of America [CLGA], and brought against 15 producers of motion pictures and television shows. Judge Brieant abruptly brought down the curtain on plaintiffs' production, however, when, sua sponte, he dismissed the complaint on the ground that the matter was within the exclusive jurisdiction...

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