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LEO FEIST, INC. v. APOLLO RECORDS N. Y. CORP.

No. 62 Civ. 1935.

304 F.Supp. 1274 (1968)

LEO FEIST, INC., Mills Music, Inc., Shapiro, Bernstein & Co., Inc., De Sylva, Brown & Henderson, Inc. and Peer International Corporation, Plaintiffs, v. APOLLO RECORDS N. Y. CORP., Mastertone Recording Studios, Inc., Gene Sayet, Sidney Feldman, George Albert and Carl Le Bow, Defendants.

United States District Court S. D. New York.

November 15, 1968.

Attorney(s) appearing for the Case

Abeles & Clark, New York City, for plaintiffs; Julian Abeles, Robert C. Osterberg, New York City, of counsel.

Johnson, Zimbalist & Tannen, New York City, for defendants Apollo Records N. Y. Corp., George Albert and Carl Le Bow; Samuel A. Zimbalist, New York City, of counsel.

M. Warren Troob, New York City, for defendants Mastertone Recording Studios, Inc., Gene Sayet and Sidney Feldman.

LEVET, District Judge.

Defendants Mastertone Recording Studios, Inc., Gene Sayet and Sidney Feldman have moved to dismiss the complaint against them for failure of the plaintiff to constitute a cause of action. The motion is denied.

The above-named defendants are, respectively, the corporate recording studio and two recording engineers who admittedly recorded the musical performances eventually memorialized in "The Swinging 20's Go Latin," a phonograph record...

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