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MULLER v. WALT DISNEY PRODUCTIONS

Nos. 93 Civ. 0427 (GLG), 93 Civ. 6175 (GLG).

876 F.Supp. 502 (1994)

Herman E. MULLER, Jr., as the Executor under the Last Will and Testament of Leopold Stokowski, Plaintiff, v. The WALT DISNEY PRODUCTIONS, The Walt Disney Company, and Buena Vista Home Video, Defendants. The WALT DISNEY COMPANY and Buena Vista Home Video, Plaintiffs, v. Herman E. MULLER, in his capacity as Executor for the Estate of Leopold Stokowski, deceased, Defendant.

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

January 24, 1994.

Attorney(s) appearing for the Case

Richard H. Dolan, Barlett, Pontiff, Stewart & Rhodes, P.C., Glens Falls, NY, for Herman E. Muller, Jr.

Elizabeth M. Guggenheimer, Dewey Ballantine, Clark E. Walter, Edward J. Nowak, Eric J. Lobenfeld, New York City, for Walt Disney Production.

Elizabeth M. Guggenheimer, Clark E. Walter, Edward J. Nowak, Eric J. Lobenfeld, New York City, for Walt Disney Co., Buena Vista Home Video.

MEMORANDUM DECISION

GOETTEL, District Judge.

The cases before us in this motion arose from a 1939 contract between Leopold Stokowski, then the conductor of the Philadelphia Orchestra, and Walt Disney Productions, entered into for the purpose of making the beautiful music that accompanied the movie "Fantasia." Somewhat surprisingly, "Fantasia" was not a financial success upon its initial release. However, "Fantasia's" fall 1991 release on videocassette...

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