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MARTHA GRAHAM SCHOOL v. MARTHA GRAHAM CENTER

No. 01 CIV. 271(MGC).

224 F.Supp.2d 567 (2002)

THE MARTHA GRAHAM SCHOOL AND DANCE FOUNDATION, INC. and Ronald A. Protas, individually and as Trustee of the Martha Graham Trust Plaintiffs, v. MARTHA GRAHAM CENTER OF CONTEMPORARY DANCE, INC. and MARTHA GRAHAM SCHOOL OF CONTEMPORARY DANCE, INC. Defendants, Eliot Spitzer, Attorney General of the State of New York, Intervenor-Defendant.

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

August 23, 2002.

Attorney(s) appearing for the Case

Judd Burstein, P.C., New York, By Judd Burstein, Esq., Sanjit Shah, Esq., Lara Ott, Esq., for Plaintiffs.

Cravath, Swaine & Moore, New York, By Katherine B. Forrest, Esq., Joanne M. Gentile, Esq., Adrienne K. Wheatley, Esq., for Defendants-Counterclaim Plaintiffs Martha Graham Center of Contemporary Dance, Inc. and Martha Graham School of Contemporary Dance, Inc.

Eliot Spitzer, Attorney General of the State of New York, New York, By Marla G. Simpson, Esq., Barbara L. Quint, Esq., for Intervenor-Defendant.

OPINION

CEDARBAUM, District Judge.

What property did Martha Graham, the great dancer, choreographer, and teacher, own at the time of her death in 1991? That is the central question in the second phase of this lawsuit. The main dispute is with respect to ownership of copyright in the dances she created. That is a federal question. Subsidiary disputes with respect to ownership of the costumes and sets for the dances and fiduciary duties owed by the plaintiff...

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