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WALTERS v. SHARI MUSIC PUBLISHING CORPORATION

Docket 27021.

298 F.2d 206 (1962)

Lionel WALTERS, Plaintiff-Appellant, v. SHARI MUSIC PUBLISHING CORPORATION, Irving Burgie also known as Lord Burgess, Radio Corporation of America (RCA Victor Record Division) and Harry Belafonte, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided January 24, 1962.

Attorney(s) appearing for the Case

Theodore R. Kupferman, New York City (Kupferman & Price, New York City on the papers), for plaintiff-appellant.

Edward Labaton, New York City (Kramer & Lans, New York City, on the papers), for defendants-appellees.

Before MEDINA, MOORE and SMITH, Circuit Judges.

MEDINA, Circuit Judge.

As this Court had "become aware that some counsel have apparently decided to honor Rule 15(b) in the breach," it was stated in United States v. Lefkowitz, 2 Cir., 1960, 284 F.2d 310, at p. 316:

"It is not our intention to permit Rule 15(b) to be ignored as it now too often is, and we shall feel free to adopt appropriate sanctions for its violation, such as...

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