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KEANE DEALER SERVICES, INC. v. HARTS

No. 95 Civ. 9664(HB).

968 F.Supp. 944 (1997)

KEANE DEALER SERVICES, INC., Plaintiff, v. William R. HARTS and Smith Barney, Inc., Defendants. William R. HARTS and Smith Barney, Inc., Third-Party Plaintiffs, v. Kevin R. KEANE, Third-Party Defendant.

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

July 1, 1997.

Attorney(s) appearing for the Case

Marc A. Pergament Weinberg, Kaley, Gross & Pergament, L.L.P., Garden City, NY, for Keane Dealer Services Inc.

Mark A. Belnick, Paul Weiss Rifkind Wharton & Garrison, New York City, for William R. Harts.

Peter J. Shatzkin, Shatzkin & Furman, L.L.P., Forest Hills, NY, Judith R. Cohen, Squadron, Ellenoff, Plesent, & Sheinfeld, LLP, New York City, for Kevin Keane.

OPINION AND ORDER

BAER, District Judge.

Defendants and third-party plaintiffs Smith Barney, Inc. and William Harts ("defendants") move for summary judgment (1) dismissing plaintiff's complaint and (2) granting them the relief they seek in their counterclaim and third party complaint — a declaration that they have not infringed plaintiff and/or third party defendant's copyright. For the reasons discussed below, the motion is GRANTED.

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