Legal Opinion

SongByrd, Inc. v. Bearsville Records, Inc.

Court of Appeals for the Fifth Circuit

Decided February 4, 1997No. 96-30670PublishedCited by 32 opinions

1Opinion of the Court

WIENER, Circuit Judge:

Plaintiff-Appellant SongByrd, Inc. (Song-Byrd) appeals from the district court’s dismissal of its action seeking to recover from Defendant-Appellee the Estate of Albert B. Grossman d/b/a Bearsville Records (Bears-ville), several master tapes recorded by a legendary New Orleans musician. Concluding that (1) the district court improperly classified SongByrd’s suit as a personal rather than a real action, (2) real actions are imprescriptible under Louisiana law, and (3) Bearsville has yet to establish that it gave SongByrd’s predecessors-in-interest actual notice of…

2Cases cited23 opinions

  1. National Association of Government Employees v. City Public Service Board of San Antonio, TexasCourt of Appeals for the Fifth Circuit · 1994
  2. Ardoin v. Hartford Acc. & Indem. Co.Supreme Court of Louisiana · 1978
  3. Kansa Reinsurance Co., Ltd. v. Congressional Mortg. Corp. of TexasCourt of Appeals for the Fifth Circuit · 1994
  4. Morin v. CaireCourt of Appeals for the Fifth Circuit · 1996
  5. Williams v. Time Warner Operation, Inc.Court of Appeals for the Fifth Circuit · 1996

18 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Dillon v. RogersCourt of Appeals for the Fifth Circuit · 2010
  2. Songbyrd, Inc. v. Estate of Albert B. Grossman, Doing Business as Bearsville Records, Inc.Court of Appeals for the Second Circuit · 2000
  3. Martin v. Kroger Co.District Court, S.D. Texas · 1999
  4. E. & J. GALLO WINERY v. Spider Webs Ltd.District Court, S.D. Texas · 2001
  5. Mata v. SchochDistrict Court, S.D. Texas · 2005

27 more not listed; retrieve them via the Exa API.

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