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MULLER v. WALT DISNEY PRODUCTIONS

No. 93 Civ. 0427 (GLG).

822 F.Supp. 1033 (1993)

Herman E. MULLER, Jr., as the Executor under the Last Will and Testament of Leopold Stokowski, Plaintiff, v. The WALT DISNEY PRODUCTIONS, The Walt Disney Company, and Buena Vista Home Video, Defendants.

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

May 26, 1993.

Attorney(s) appearing for the Case

Bartlett, Pontiff, Steward & Rhodes, P.C., Glens Falls, NY (Richard J. Bartlett, Mark E. Cerasano, of counsel), Schlam, Stone & Dolan, New York City (Richard H. Dolan, of counsel), for plaintiff.

Sanford M. Litvack, Edward J. Nowak, Walt Disney Co., New York City, Drinker Biddle & Reath, Philadelphia, PA by Patrick T. Ryan, Alfred W. Putnam, Jr., Michael K. Sullivan, Brian S. Mudge, for defendants.

MEMORANDUM DECISION

GOETTEL, District Judge.

In 1937, Walt Disney and Leopold Stokowski, a world-famous conductor, began a collaboration that culminated in the production of the motion picture "Fantasia" and its release to the movie-going public in 1940. Disney's relationship with Stokowski was defined in a series of written contracts executed between December 16, 1937 and December 14, 1956. As part of their contractual agreements, Stokowski conducted the...

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