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W.H. SMITH PUBLISHERS, INC. v. PLEXUS PUB. LTD.

No. 82 Civ. 3424.

557 F.Supp. 546 (1983)

W.H. SMITH PUBLISHERS, INC., Plaintiff, v. PLEXUS PUBLISHING LIMITED, Defendant.

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

February 25, 1983.

Attorney(s) appearing for the Case

Parker, Duryee, Zunino, Malone & Carter, New York City, for plaintiff; William Lee Kinnally, Jr., New York City, of counsel.

Ressa, Nappi & Weinig, Port Washington, for defendant; Harvey Weinig, Stephen A. Ressa, Port Washington, N.Y., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

These are cross-motions for summary judgment pursuant to Rule 56(b) of the Federal Rules of Civil Procedure. The parties agree that there are no issues of fact and that the sole issue is one of law.

The defendant, Plexus Publishing Limited ("Plexus"), a British publishing company, was engaged in the preparation of a book entitled ROCK `N' ROLL BABYLON ("the book") to portray the lives of rock and roll...

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