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ABCKO MUSIC, INC. v. BEVERLY GLEN MUSIC, INC.

No. 82 Civ. 3517 (DNE).

554 F.Supp. 410 (1983)

ABCKO MUSIC, INC., Plaintiff, v. BEVERLY GLEN MUSIC, INC., Beverly Glen Music, and Otis Smith, Defendants, and Allen Klein, Additional Defendant on Counterclaim. BEVERLY GLEN MUSIC, INC., and Otis Smith, Third-Party Plaintiffs, v. Bobby WOMACK, Third-Party Defendant.

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

January 18, 1983.

Attorney(s) appearing for the Case

Abeles, Clark & Osterberg, New York City, for third-party plaintiffs.

Liebman & Schreier, New York City, for third-party defendant.

MEMORANDUM OPINION AND ORDER

EDELSTEIN, District Judge:

Third-party defendant Bobby Womack ("Womack") has moved to dismiss the third-party complaint on the ground that the court lacks subject matter jurisdiction or venue over Womack, and Womack has moved to dismiss or stay the third-party action in favor of a pending action in the Superior Court of California, County of Los Angeles.

The main action in this case is a claim for copyright infringement...

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