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SEPTEMBERTIDE PUB., B.V. v. STEIN AND DAY, INC.

Nos. 401, 604, Dockets 88-7664, 88-7694.

884 F.2d 675 (1989)

SEPTEMBERTIDE PUBLISHING, B.V., Plaintiff-Appellee, Cross-Appellant, v. STEIN AND DAY, INC. and New American Library, Defendant-Appellee, Bookcrafters U.S.A., Inc., Counter-Claim Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 1, 1989.

Attorney(s) appearing for the Case

William Perry, New York City (Charles K. O'Neill, Charles F. Lacina, Chadbourne & Parke, New York City, of counsel), for counter-claim defendant-appellant, cross-appellee Bookcrafters.

Marcia B. Paul, New York City (J. Jared Snyder, Kay Collyer & Boose, New York City, of counsel), for plaintiff-appellee, cross-appellant Septembertide Pub.

Roger L. Zissu, New York City (Shira Perlmutter, Cowan, Liebowitz & Latman, New York City, of counsel), for defendant-appellee New American Library.

Before OAKES, Chief Judge, and LUMBARD and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

On this appeal from the United States District Court for the Southern District of New York, Richard Owen, Judge, we are required to resolve a difficult and close question involving third-party beneficiary and commercial law principles which in this case suggest different results. The author and a trade creditor each claim to be entitled to the proceeds flowing from the paperback publication of a novel. The author, an intended third...

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