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SCHLAIFER NANCE & CO. v. ESTATE OF ANDY WARHOL

No. 811, Docket 96-7740.

119 F.3d 91 (1997)

SCHLAIFER NANCE & COMPANY, Plaintiff-Appellant, v. The ESTATE OF ANDY WARHOL, Frederick Hughes, Edward W. Hayes, Esq., and Vincent Fremont, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 10, 1997.

Attorney(s) appearing for the Case

James C. Rawls, Powell, Goldstein, Frazer & Murphy, Atlanta, GA (Paul K. Rooney, New York City, of Counsel), for Appellant.

Paul J. Hanly, Jr., Colbence & Warner, New York City (Susan J. Kohlmann, Winthrop, Stimson, Putnam & Roberts, New York City, of Counsel), for Appellees.

Before: OAKES, KEARSE, McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge:

BACKGROUND

Schlaifer Nance & Co., Inc. ("SNC") is a licensing company that arranges to market famous names or images. SNC sought a licensing agreement with Andy Warhol, the icon of 1960's and 70's pop culture, but Warhol died before they could sign an agreement. Eventually, Warhol's Estate negotiated and signed a broad-based licensing agreement with SNC.

Not long after, SNC sued the Estate in the Southern District of...

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