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GROUCHO MARX PRODUCTIONS, INC. v. DAY & NIGHT CO.

No. 80 Civ. 2310 (WCC).

523 F.Supp. 485 (1981)

GROUCHO MARX PRODUCTIONS, INC. and Susan Marx, as Trustee under the Last Will and Testament of Harpo Marx, Plaintiffs, v. DAY AND NIGHT COMPANY, INC., Alexander Cohen and the Shubert Organization, Defendants. DAY AND NIGHT COMPANY and Alexander Cohen, Third-Party Plaintiffs, v. Richard K. VOSBURGH and Frank Lazarus, Third-Party Defendants.

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

October 2, 1981.

Attorney(s) appearing for the Case

Parcher & Herbert, P. C., New York City, for plaintiffs; Peter A. Herbert, Stewart L. Levy, New York City, of counsel.

Pryor, Cashman, Sherman & Flynn, New York City, for defendants; John Fernbach, James A. Janowitz, New York City, of counsel.

Midgal, Tenney, Glass & Pollack, New York City, for third-party defendants; Lawrence W. Pollack, Daniel Glass, George E. Regis, New York City, of counsel.

OPINION AND ORDER

CONNER, District Judge:

This action arises out of the production of the musical play, "A Day in Hollywood/A Night In the Ukraine" by defendants, Day and Night Company, Inc., Alexander Cohen and the Shubert Organization. (Plaintiffs' claims against the Shubert Organization have now been otherwise resolved). Plaintiffs, Groucho Marx Productions, Inc. and Susan Marx, as Trustee under the will of Harpo Marx, claim, inter alia, that defendants...

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