TOMAS v. GILLESPIE

No. 00 Civ. 0046(GBD).

385 F.Supp.2d 240 (2005)

Jean Bryson TOMAS, Plaintiff, v. Lorraine GILLESPIE and Dizlo Music Corporation, Defendants.

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

January 5, 2005.


Attorney(s) appearing for the Case

Peter Herbert, Lankler Siffert & Wohl LLP, New York, NY, for Plaintiff.

Robert L. Greene, Law Office of Robert L. Greene, New York, NY, for Defendants.


OPINION AND ORDER

DANIELS, District Judge.

Plaintiff Jean Bryson Tomas sues defendants Lorraine Gillespie and Dizlo Music Corporation for declaratory relief, accounting damages, and imposition of a constructive trust based on Tomas' alleged ownership interest in copyrights to works authored by the late jazz musician Dizzy Gillespie ("Gillespie"). Defendants move for summary judgment under Fed.R.Civ.P. 56(c) on the grounds that the action is barred (i) by...

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