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CHATEAU DE VILLE PROD. v. TAMS-WITMARK MUSIC

No. 16, Docket 78-7069.

586 F.2d 962 (1978)

CHATEAU de VILLE PRODUCTIONS, INC., Westbury Music Fair, Inc., Connecticut Performing Arts Foundation, Inc., and Delta D. & I. Corp., Plaintiffs-Appellees, v. TAMS-WITMARK MUSIC LIBRARY, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 6, 1978.

Attorney(s) appearing for the Case

Bertram M. Kantor, New York City (Wachtell, Lipton, Rosen & Katz, New York City, Steven M. Barna, Michael W. Schwartz, Theodore N. Mirvis, New York City, of counsel), for defendant-appellant.

Daniel R. Solin, New York City (Solin & Breindel, New York City, Schlanger, Blumenthal & Lynne, New York City, of counsel), for plaintiffs-appellees.

Before FEINBERG, MANSFIELD and SMITH, Circuit Judges.

FEINBERG, Circuit Judge:

Defendant Tams-Witmark Music Library, Inc. appeals from an order of the United States District Court for the Southern District of New York, Kevin T. Duffy, J., which certified a plaintiff class in this antitrust action. Tams-Witmark argues that the claims asserted are not suitable for class action treatment and that the named plaintiffs will not fairly and adequately protect the interests of the class. For reasons given below, we hold that...

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