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SHEPP v. UEHLINGER

No. 84-1571.

775 F.2d 452 (1985)

Archie SHEPP, Plaintiff, v. Werner X. UEHLINGER Personally and d/b/a Hat Hut Records, Defendant and Third Party Plaintiff, Appellee, v. Max ROACH, Third Party Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 25, 1985.

Attorney(s) appearing for the Case

Stephen A. Brusch, New York City, with whom Donna L. Comegys, Margaret A. Burnham, Stern & Shapiro, Boston, Mass., Gilbert A. Holmes, and Holmes & Meehan, New York City, were on brief for appellant.

Bart J. Gordon, Boston, Mass., with whom Bulkley, Richardson & Gelinas, Springfield, Mass., were on brief for appellee Uehlinger.

Before BOWNES and BREYER, Circuit Judges, and CEREZO, District Judge.

BREYER, Circuit Judge.

Max Roach, a well-known jazz musician, appeals a jury's breach of contract award to Werner Uehlinger, who makes and distributes jazz records. The relevant contract essentially provided that Uehlinger would distribute a two-record set of Willisau Jazz Festival performances by Roach (drums) and Archie Shepp (tenor saxophone). Uehlinger would pay Roach $10,000 (plus a percentage after the first six thousand sales) for the rights to distribute the...

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