Opinion
No. 223, Docket 33724.
Argued December 1, 1969.
Decided December 31, 1969.
The several plaintiffs appeal from the judgment entered in the United States District Court for the Southern District of New York, Richard H. Levet, J., claiming on appeal that the dismissal of their action upon its merits against all defendants except Apollo Records N.Y. Corp. should be reversed; that the judgment dismissing their action against Apollo Records N.Y. Corp. based upon 17 U.S.C. § 101(b) should be reversed; and that the recoveries otherwise awarded against Apollo Records are inadequate. The opinion below is reported at 300 F. Supp. 32.
See also D.C., 304 F. Supp. 1274.
Julian T. Abeles, Abeles Clark, New York City, for plaintiffs-appellants.
Samuel A. Zimbalist, Johnson, Zimbalist Tennen, New York City, for Apollo Records, George Albert and Carl LeBow.
M. Warren Troob, New York City, Frederic A. Johnson, New York City, of counsel, for Mastertone Recording Studios, Gene Sayet and Sidney Feldman.
Before WATERMAN, HAYS and FEINBERG, Circuit Judges.
We affirm the judgment below and each of the several awards to the several plaintiffs-appellants contained therein upon the considered opinion, findings of fact, and conclusions of law filed by Judge Levet, reported at 300 F. Supp. 32 (SDNY 1969).