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POWERS v. WARNER BROS. RECORDS, INC.

No. 75 C 2557.

411 F.Supp. 747 (1976)

Thomas E. POWERS, Plaintiff, v. WARNER BROS. RECORDS, INC., et al., Defendants. WARNER BROS. RECORDS, INC., et al., Third-Party Plaintiffs, v. JAMESTOWN ENTERPRISES, INC., an Illinois Corporation, et al., Third-Party Defendants.

United States District Court, N. D. Illinois, E. D.

April 15, 1976.

Attorney(s) appearing for the Case

Howard B. Abrams, Chicago, Ill., for plaintiff.

Robert A. Downing and Arlene C. Erlebacher, Sidley & Austin, Chester T. Kamin and Terry Rose Saunders, Jenner & Block, Wallace, Shelton, Kleinman & Kalcheim, Chicago, Ill., for defendants.

MEMORANDUM OPINION

GRADY, District Judge.

The Court has concluded that the third-party complaint filed against Harry Fox Agency, Inc. ("Fox") fails to state a claim, upon which relief may be granted. Accordingly, the motion to dismiss filed by Fox will be granted and the third-party plaintiffs will be given an opportunity to amend their complaint.

The first assertion of third-party plaintiffs is that Fox is liable in contract due to the allegedly...

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