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CROCE v. KURNIT

No. 78 Civ. 3340 (RWS).

565 F.Supp. 884 (1982)

Ingrid CROCE, Individually, as heir of the Estate of James Joseph Croce, also known as Jim Croce, and as Guardian of Adrian Croce, Minor, Plaintiff, v. Philip S. KURNIT; Thomas R. Picardo, Jr., a/k/a Tommy West; Dennis Minogue, a/k/a Terry Cashman; Cashman, Pistilli & West; Blendingwell Music, Inc.; Cashwest Productions, Inc.; and Lifesong Records, Inc., Defendants. v. TIME IN A BOTTLE, INC., Additional Defendant on Counterclaims.

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

September 30, 1982.

Attorney(s) appearing for the Case

Donovan, Leisure, Newton & Irvine, New York City, for plaintiff; Louis C. Lustenberger, Jr., Howard R. Reiss, Joseph L. Clasen, III, New York City, of counsel.

Goldschmidt, Fredericks & Oshatz, New York City, for defendants; Barry I. Fredericks, New York City, of counsel.

OPINION

SWEET, District Judge.

This diversity action, a portion of which was tried to the court, presented facts which evoked memories of "A Star Is Born," except that the star in this case, James Croce, died all too soon after his ascendancy. The complaint filed by Ingrid Croce, his widow and heir ("Mrs. Croce"), a California resident, sought to obtain certain damages from the defendants, citizens of states other than California, arising out of an alleged...

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