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WOODS v. BOURNE CO.

No. 89 Civ. 3641 (RO).

841 F.Supp. 118 (1994)

David D. WOODS, Florence L. Woods, Kristine Woods and Benjamin Woods, d/b/a Callicoon Music, Plaintiffs, v. BOURNE CO. and American Society of Composers, Authors and Publishers, Defendants.

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

January 10, 1994.

Attorney(s) appearing for the Case

Deutsch Klagsbrun & Blasband, New York City (David Blasband, Frederick F. Greenman, of counsel), for plaintiffs.

Abeles Clark Osterberg and Prager, New York City (Robert C. Osterberg, of counsel), for defendant Bourne Co.

Bernard Korman, New York City, for defendant American Soc. of Composers, Authors and Publishers.

AMENDED OPINION

OWEN, District Judge.

This action, tried before me without a jury, involves the 1926 hit song "When the Red, Red Robin Comes Bob-Bob-Bobbin' Along", and seeks a declaratory judgment as to who is entitled to 1) certain ASCAP1 performance royalties2 and 2) certain royalties from printed scores during the nineteen-year extension of copyright...

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