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AMERICAN GEOPHYSICAL UNION v. TEXACO INC.

No. 85 Civ. 3446(PNL).

802 F.Supp. 1 (1992)

AMERICAN GEOPHYSICAL UNION, Elsevier Science Publishing Co. Inc., Pergamon Press, Ltd., Springer-Verlag, GmbH & Co., K.G., John Wiley & Sons, Inc. and Wiley Heyden, Ltd., on behalf of themselves and others similarly situated, Plaintiffs and Counterclaim Defendants, v. TEXACO INC., Defendant and Counterclaim Plaintiff.

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

Modified July 24, 1992 and July 28, 1992.

Opinion and Order on Allowance of Request for Immediate Appeal October 26, 1992.

Attorney(s) appearing for the Case

Proskauer Rose Goetz & Mendelsohn (Stephen Rackow Kaye, Jon A. Baumgarten, James F. Parver, Christopher A. Meyer, Karen E. Clarke, Christopher Collins, Mazelle Hedaya, of counsel), New York City, for plaintiffs and counterclaim defendants.

Kaye, Scholer, Fierman, Hays & Handler (Milton J. Schubin, Thomas A. Smart, Richard A. De Sevo, of counsel), New York City, Joseph P. Foley, Texaco Inc., White Plains, N.Y., for defendant and counterclaim plaintiff.

OPINION AND ORDER

Findings of Fact and Conclusions of Law

LEVAL, District Judge.

I.

This class action tests the question whether it is lawful under the U.S. Copyright Act, 17 U.S.C. § 101, et seq., for a profit-seeking company to make unauthorized copies of copyrighted articles published in scientific and technical journals for use by the company's scientists employed in scientific research. The plaintiffs are publishers...

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