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CAPITOL RECORDS v. MERCURY RECORD CORP.

109 F.Supp. 330 (1952)

CAPITOL RECORDS, Inc. v. MERCURY RECORD CORP.

United States District Court S. D. New York.

September 26, 1952.

Attorney(s) appearing for the Case

Arthur E. Garmaize, New York City, for plaintiff (Morris Einhorn, New York City, on the brief).

Paul J. Kern, New York City, for defendant (Bernard Colton, New York City, on the brief).

LEIBELL, District Judge.

This is an action for a declaratory judgment under Section 2201 of Title 28 U.S.C. The complaint alleges (paragraph 1) that—

"* * * there is an actual controversy now existing between the parties involving an agreement respecting the possession and the right to the use of certain matrices for the manufacture of phonograph records from which matrices the defendant is manufacturing phonograph records and is employing unfair methods...

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