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MULLER v. WALT DISNEY PRODUCTIONS

Nos. 93 Civ. 0427 (GLG), 93 Civ. 6175 (GLG).

871 F.Supp. 678 (1994)

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. The WALT DISNEY COMPANY and Buena Vista Home Video, Plaintiffs, v. Herman E. MULLER, in his capacity as Executor for the Estate of Leopold Stokowski, deceased, Defendant.

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

December 22, 1994.

Attorney(s) appearing for the Case

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

Sanford M. Litvack, Edward J. Nowak, Dewey Ballantine (Eric J. Lobenfeld, Elizabeth M. Guggenheimer, of counsel), New York City for Disney.

OPINION

GOETTEL, District Judge:

The movie "Fantasia" was not a financial success upon its initial release in 1940. However, "Fantasia's" fall 1991 release on video-cassette and laser disc ("home video") has been profitable, purportedly to the tune of $190 million. The cases before us arose from a 1939 contract between Leopold Stokowski, then the conductor of the Philadelphia Orchestra, and Walt Disney Productions, entered into for the purpose of...

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