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MARSHAK v. GREEN

No. 178, Docket 84-7401.

746 F.2d 927 (1984)

Larry MARSHAK, Plaintiff-Appellee, v. "Doc" GREEN, John Doe "1", John Doe "2", Bernard Jones, David Rick, and Sandy Wolfe, Defendants, David Rick, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 12, 1984.

Attorney(s) appearing for the Case

Susan Freedman, Lackenbach Siegel Marzullo Presta & Aronson, P.C., Scarsdale, N.Y. (Gilbert S. Schapper, New York City, of counsel), for defendant-appellant.

Clark A. Marcus, Marcus & Marcus, New York City, for plaintiff-appellee.

Before MESKILL and PIERCE, Circuit Judges, and POLLACK, District Judge.

MILTON POLLACK, Senior District Judge:

David Rick, the appellant, manages and promotes musical groups for entertainment under the registered trade name, "VITO AND THE SALUTATIONS". Shortly before the entry of the order complained of on this appeal, Rick was preparing to proceed to trial of his pending suit for infringement of his trade name by a competitor musical group. It was at that point that Larry Marshak, the appellee, holder of an unsatisfied monetary judgment...

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