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MCA, INC. v. WILSON

Nos. 934, 935, Dockets 80-7776, 80-7886.

677 F.2d 180 (1981)

MCA, INC., d/b/a MCA Music, a division thereof, Plaintiff-Appellee, v. Earl WILSON, Jr., Phil Oesterman, Billy Cunningham, LMPC Music Co., Libra Records, The Libra Company, Art D'Lugoff d/b/a The Village Gate, Defendants, Earl Wilson, Jr., Arthur D'Lugoff, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 30, 1981.

Attorney(s) appearing for the Case

Roy M. Cohn, New York City (Saxe, Bacon & Bolan, P. C., Michael Rosen, Lawrence M. Abramson, New York City, of counsel), for defendant-appellant Earl Wilson, Jr.

Max R. Millman, Philadelphia, Pa. (David N. Stein, New York City, on the brief), for defendant-appellant Art D'Lugoff.

Robert C. Osterberg, Abeles Clark & Osterberg, New York City, for plaintiff-appellee MCA, Inc.

Before LUMBARD, MANSFIELD and VAN GRAAFEILAND, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

From January 1974 until July 1976, a show called "Let My People Come" was performed at the Village Gate, a cabaret in the Greenwich Village section of New York City. Thereafter, it had short runs in several other cabarets and legitimate theaters. The producers, perhaps wisely, refrained from seeking reviews by established theater critics. However, columnists who viewed the production described it, among other things, as an "erotic nude...

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