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HORGAN v. MacMILLAN, INC.

No. 85 Civ. 8028(RO).

621 F.Supp. 1169 (1985)

Barbara HORGAN, as Executrix of the Estate of George Balanchine, Plaintiff, v. MacMILLAN, INC., et al., Defendants.

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

November 19, 1985.

Attorney(s) appearing for the Case

Proskauer, Rose, Goetz & Mendelsohn, New York City (Lois D. Thompson, of counsel), for plaintiff.

Cowan, Liebowitz & Latman, P.C., New York City (Robert J. Bernstein, Roger L. Zissu, Elliot Schachner, of counsel), Jan F. Constantine, Associate Gen. Counsel, MacMillan, Inc., New York City, for defendants.

OPINION AND ORDER

OWEN, District Judge.

Each Christmas, the New York City Ballet features the ballet The Nutcracker, with music by Tschaikovsky, choreography by George Balanchine, the recently deceased world-renowned choreographer, scenery and lighting by Rouben Ter-Arutunian, and costumes by Karinska. The choreography is copyrighted with the rights held by Balanchine's estate. The estate now contends that certain photographs of the production of...

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