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MARTHA GRAHAM SCHOOL v. MARTHA GRAHAM CTR

Docket Nos. 05-3451-cv(L). 05-3941-cv(CON).

455 F.3d 125 (2006)

MARTHA GRAHAM SCHOOL AND DANCE FOUNDATION, INC., and Ronald Protas, individually and as Trustee of the Martha Graham Trust, Plaintiffs-Counter-Defendants-Appellants, v. MARTHA GRAHAM CENTER OF CONTEMPORARY DANCE, INC., and Martha Graham School Of Contemporary Dance, Inc., Defendants-Counterclaimants-Appellees, Eliot L. Spitzer, Attorney General of the State of New York, Intervenor-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 11, 2006.

Attorney(s) appearing for the Case

Peter B. Schalk, Judd Burstein, P.C., New York, NY, for Plaintiffs-Counter-Defendants-Appellants.

Katherine B. Forrest, Cravath, Swaine & Moore LLP, (Joanne M. Gentile, on the brief), New York, NY, for Defendants-Counterclaimants-Appellees.

Before JACOBS and B.D. PARKER, Circuit Judges; OBERDORFER, District Judge.

LOUIS F. OBERDORFER, District Judge.

This case marks the third chapter in this court of the dispute as to who is the rightful owner of the works of the renowned modern dancer Martha Graham, who died in 1991 at the age of 96. Previously this court largely affirmed the district court ruling that during her lifetime Graham transferred the rights to almost all of her works to the Martha Graham Center, but remanded the question of ownership of seven specific dances. On...

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