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CAPANO MUSIC v. MYERS MUSIC, INC.

No. 83 Civ. 8342 (RLC).

605 F.Supp. 692 (1985)

CAPANO MUSIC, A DIVISION OF BRITONE, INC., Plaintiff, v. MYERS MUSIC, INC., Defendant, Daniel Waldstein, Intervenor, Mollie Goldstein, Intervenor.

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

February 5, 1985.

Attorney(s) appearing for the Case

Robert W. Cinque, P.C., New York City, for plaintiff.

Burns, Summit, Rovins & Feldesman, New York City, for defendant; Samuel M. Tollen, New York City, of counsel.

Paul M. Wolsk, New York City, for Daniel Waldstein.

Silverman & Shulman, P.C., New York City, for Mollie Goldstein; Alan L. Shulman, New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

This is a suit for declaratory judgment to determine the successor to Max Freedman's copyright interest in the song, "Rock Around the Clock." Plaintiff and defendant, as well as intervenors Mollie Goldstein and Daniel Waldstein, have moved for summary judgment.

The following facts are not in dispute: Max Freedman and James Myers (a/k/a Jimmy DeKnight) co-authored the song "Rock Around the Clock." The song...

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