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IN RE RECORD CLUB OF AMERICA, INC.

Civ. A. No. 82-0990.

30 B.R. 413 (1983)

In re RECORD CLUB OF AMERICA, INC., Debtor. CAPITOL RECORDS, INC., Appellant, v. RECORD CLUB OF AMERICA, INC., Appellee.

United States District Court, M.D. Pennsylvania.

March 29, 1983.

Attorney(s) appearing for the Case

Nancy G. Grossman, New York City, for Record Club of America.

Bernard A. Ryan, Jr., Neal D. Colton, Richard L. Berkman, E. David Chanin, Dechert, Price & Rhoads, Philadelphia, Pa., for Capitol Records.

MEMORANDUM

RAMBO, District Judge.

The appellant, Capitol Records, Inc., and the appellee, Record Club of America, Inc. [hereinafter RCOA] entered into a non-exclusive licensing agreement on November 14, 1972. The agreement was terminated either on or about December 23, 1974 when RCOA filed for reorganization under Chapter XI of the Bankruptcy Act of 1898,1 or on or about December 26, 1974 when Capitol notified RCOA of its unwillingness...

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