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MUSIC RESEARCH, INC. v. VANGUARD RECORDING SOC.

No. 67, Docket 76-7160.

547 F.2d 192 (1976)

MUSIC RESEARCH, INC., and Adelphi Records, Inc., Plaintiffs-Appellees-Appellants, v. VANGUARD RECORDING SOCIETY, INC., Defendant and Third-Party Plaintiff-Appellant-Appellee, v. Herb GART, d/b/a Herb Gart Management, Inc., Third-Party Defendant.

United States Court of Appeals, Second Circuit.

Decided December 30, 1976.

Attorney(s) appearing for the Case

Robert B. Davidson, New York City (Baker & McKenzie, Lawrence W. Newman, New York City, and William J. Powell, Washington, D.C., of counsel), for plaintiffs-appellees-appellants.

Bruno Schachner, New York City (Kurtz & Vassallo, John A. Vassallo, New York City, of counsel), for defendant and third party plaintiff-appellant-appellee.

Before KAUFMAN, Chief Judge, and SMITH and TIMBERS, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Vanguard Recording Society, Inc. ("Vanguard"), appeals from a $275,000 award of damages to Music Research, Inc. ("Music Research"), after jury trial before Charles L. Brieant, Jr., Judge, in the United States District Court for the Southern District of New York. We affirm.

This case reaches us after a prolonged dispute between two record companies, Music Research and Vanguard, over the right to record and release the music of...

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