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EMI MUSIC MARKETING v. AVATAR RECORDS, INC.

No. 03 CIV. 2783(VM).

317 F.Supp.2d 412 (2004)

EMI MUSIC MARKETING (f/k/a EMI Music Distribution), a division of Capitol Records, Inc., Plaintiff, v. AVATAR RECORDS, INC. and Larry Robinson, Defendants.

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

May 5, 2004.

Attorney(s) appearing for the Case

Michael S. Elkin, Shari H. Markowitz, Shari Markowitz Savitt, Thelen, Reid & Priest, L.L.P., New York, NY, Rebecca Calkins, Thelen, Reid & Priest, L.L.P, Los Angeles, CA, for Plaintiff.

Paul A. Chin, Law Offices of Paul A. Chin, New York, NY, for Defendants.

DECISION AND ORDER

MARRERO, District Judge.

Plaintiff EMI Music Marketing ("EMI"), a distributor of recorded music, brings this action for breach of contract and account stated against Avatar Records, Inc. ("Avatar"), a music production company, and Avatar's president, Larry Robinson ("Robinson" and together with Avatar, the "Defendants"). Avatar has brought counterclaims for breach of contract, breach of the implied covenant and fair dealing, and...

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