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GERO v. SEVEN-UP CO.

No. 75 C 903.

535 F.Supp. 212 (1982)

Gabriel GERO, Plaintiff, v. The SEVEN-UP COMPANY, J. Walter Thompson Co., New York Seven-Up Bottling Co., Inc., and CBS, Inc., Defendants.

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

March 24, 1982.

Attorney(s) appearing for the Case

Howard M. Sommers, Galpeer, Altus Karp & Beckerman, New York City, for plaintiff.

John M. Keene, III, Coudert Brothers, New York City, for defendants.

MEMORANDUM OF DECISION AND ORDER

COSTANTINO, District Judge.

This action was commenced by the filing of plaintiff Gabriel Gero's ("Gero") complaint on June 12, 1975, alleging infringement by defendants of two copyrighted artworks. When this claim was first filed, Gero claimed an infringement of both his "Indian Goddess" drawing and his "Snow White" sketch. The "Snow White" claim has been withdrawn.1 Thus, the issues of

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