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TEMPO MUSIC, INC. v. FAMOUS MUSIC CORP.

No. 90 Civ. 5121 (LBS).

838 F.Supp. 162 (1993)

TEMPO MUSIC, INC., Plaintiff, v. FAMOUS MUSIC CORPORATION and Mercer Ellington, Defendants/Third-Party Plaintiffs, v. Gregory A. MORRIS, as Executor of the Estate of Billy Strayhorn, Third-Party Defendant.

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

As Amended December 17, 1993 and January 14, 1994.

Attorney(s) appearing for the Case

Silverman & Shulman, New York City (Alan L. Shulman, of counsel), for defendants/third-party plaintiffs

Abeles Clark & Osterberg, New York City (Stuart Prager, of counsel), for third-party defendant.

OPINION

SAND, District Judge.

Third-party plaintiffs, Famous Music Corporation and Mercer Ellington (collectively "the Ellington Estate"), filed a third-party complaint against third-party defendant, Gregory A. Morris, executor of the Billy Strayhorn estate ("the Strayhorn Estate") claiming copyright ownership of and entitlement to royalties from particular versions of the jazz classic, Satin Doll. This Court has ancillary jurisdiction over the third-party...

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