BOURNE CO. v. MPL COMMUNICATIONS, INC.

No. 79 Civ. 1383 (JES).

751 F.Supp. 55 (1990)

BOURNE CO., Plaintiff, and Velma Mae Overton, Additional Plaintiff On Supplemental Complaint, v. MPL COMMUNICATIONS, INC. d/b/a Edwin H. Morris & Co., a division thereof, Richard Marx, Kenneth Marx, and Miriam Stern, Defendants.

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

November 20, 1990.


Attorney(s) appearing for the Case

Abeles Clark and Osterberg, New York City, for plaintiff and additional plaintiff on Supplemental Complaint; Robert Osterberg, of counsel.

Linden and Deutsch, New York City, for defendants; Frederick Greenman, of counsel.


MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge:

The Marx defendants in the above-captioned action move this Court for partial summary judgment on their claim that the indemnity provision of a Songwriter's Agreement (the "Agreement") does not apply to actions between the parties to the Agreement, but rather is limited to actions involving third parties. For the reasons that follow, the Court concludes that the Marx defendants are not required to indemnify...

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