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MARTHA GRAHAM SCHOOL v. MARTHA GRAHAM CENTER

No. 01 Civ. 271(MGC).

153 F.Supp.2d 512 (2001)

THE MARTHA GRAHAM SCHOOL AND DANCE FOUNDATION, INC. and Ronald A. Protas, individually and as Trustee of the Martha Graham Trust Plaintiffs, v. MARTHA GRAHAM CENTER OF CONTEMPORARY DANCE, INC., Martha Graham School of Contemporary Dance, Inc., Todd Dellinger, Francis Mason, Jayne Millard Clark, Marvin Preston IV, Judith Schlosser, Robert N. Solomon, and Delores Weaver, Defendants. Eliot Spitzer, Attorney General of the State of New York, Intervenor-Defendant.

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

August 7, 2001.

Attorney(s) appearing for the Case

White & Case LLP, New York City by James J. McGuire, Cyrus Benson, Alan Blum, Timothy McCarthy, for Plaintiffs.

O'Melveny & Myers LLP, New York City by Dale M. Cendali, Claudia Ray, Louis B. Kimmelman, Samuel M. Leaf, for Defendants Martha, Graham Center of Contemporary, Dance, Inc. and Martha Graham School of Contemporary Dance, Inc.

Davis Wright Tremaine LLP, New York City by Victor A. Kovner, Matthew A. Leish, for Defendants Todd Dellinger, Jayne Millard Clark, Marvin Preston IV, Judith Schlosser and Delores Weaver.

Frankfurt, Garbus, Kurnit, Klein & Selz, PC, New York City by Martin Garbus, for Defendant Robert N. Solomon.

Eliot Spitzer, Attorney General of the State of New York, New York City by Marla G. Simpson, Barbara L. Quint, Charles H. Smith III, for Intervenor-Defendant.

OPINION

CEDARBAUM, District Judge.

The sole heir of Martha Graham and his assignees sue the Martha Graham Center of Contemporary Dance and the Martha Graham School of Contemporary Dance to enjoin them from using the names under which they were incorporated and have operated since 1948 and 1956, respectively, and to enjoin them from calling what they teach the "Martha Graham technique." Martha Graham, the great pioneer of modern dance, died in 1991...

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