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BIG SEVEN MUSIC CORP. v. LENNON

No. 75 Civ. 1116.

409 F.Supp. 122 (1976)

BIG SEVEN MUSIC CORP. and Adam VIII, Ltd., Plaintiffs, v. John LENNON et al., Defendants, and Morris Levy, Additional Defendant on Counterclaim.

United States District Court, S. D. New York.

February 20, 1976.

Attorney(s) appearing for the Case

Walter, Conston, Schurtman & Gumpel, New York City by William Schurtman, Alan Kanzer, Bernard Diamond, New York City, for plaintiffs.

Marshall, Bratter, Greene, Allison & Tucker, New York City by James M. Bergen, and Howard P. Roy, New York City, for defendants John Lennon and Harold Seider.

Cleary, Gottlieb, Steen & Hamilton, New York City by George J. Grumbach, Jr., James McHugh, New York City, for defendant Apple Records, Inc.

Hogan & Hartson, Washington, D. C. by E. Barrett Prettyman, Jr., New York City, for defendants Capitol Records and EMI.

OPINION

GRIESA, District Judge.

This is an action alleging that defendants wrongfully prevented plaintiffs from distributing a record album. The action is brought under the anti-trust laws and common law theories. The latter theories are maintainable in the federal court under the doctrine of pendent jurisdiction.

Plaintiff Big Seven Music Corp. is engaged in music publishing and is the owner of song...

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