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McANANY v. ANGEL RECORDS, INC.

No. 97 Civ. 8216(MGC).

216 F.Supp.2d 335 (2002)

Tony MCANANY, Plaintiff, v. ANGEL RECORDS, INC., a subsidiary of Capitol-EMI, Inc. Defendant.

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

August 23, 2002.

Attorney(s) appearing for the Case

Frankel & Abrams, New York City, By: Stuart E. Abrams, for Plaintiff.

Norwick & Schad, New York City, By: Kenneth P. Norwick, for Defendant.

MEMORANDUM OPINION

CEDARBAUM, District Judge.

Defendant Angel Records, Inc. has moved pursuant to Rule 56 of the Federal Rules of Civil Procedure for partial summary judgment on plaintiff McAnany's unjust enrichment claim to the extent that it applies to producer royalties for the music album "Chant." Because plaintiff may not create an issue of fact precluding summary judgment by offering an affidavit that contradicts his earlier sworn statement...

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