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WILLIAM MORROW & COMPANY INC. v. DAVIS

83 Civ. 4566 (KTD).

583 F.Supp. 578 (1984)

WILLIAM MORROW & COMPANY, INC., Plaintiff, v. Bette DAVIS and Mickey Herskowitz, Defendants.

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

April 26, 1984.

Attorney(s) appearing for the Case

Robert J. Hawley, Lola Sullivan Reynolds, New York City, for plaintiff.

Gottlieb, Schiff, Ticktin, Sternklar & Harris, P.C., New York City, for defendant Bette Davis; Richard M. Ticktin, Toni Robinson, New York City, of counsel.

John D. Diamond, New York City, for defendant Mickey Herskowitz.

MEMORANDUM AND ORDER

KEVIN THOMAS DUFFY, District Judge.

Plaintiff, William Morrow & Company, Inc. ("Morrow") moves for summary judgment on its complaint and for dismissal of defendants' counterclaims. Plaintiff alleges two causes of action: one for breach of contract for defendants' failure to deliver a manuscript "satisfactory to the publisher in form and content," and a second cause of action for money had and received. The second claim concerns money...

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