Legal Opinion

Frederick Music Co. v. Sickler

District Court, S.D. New York

Decided February 17, 1989No. 88 Civ. 4169 (JMW)PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

WALKER, District Judge:

Plaintiff and defendant both claim sole ownership of the renewal copyrights in the song “Night Train” attributable to Jimmy Forrest’s authorship. Petitioner Oscar Washington, a co-author of the song, has moved to intervene in this action. For the reasons stated below, petitioner’s motion is denied.

Under Fed.R.Civ.P. 24(a)(2),1 applicants may intervene as of right if they demonstrate: “(1) an interest in the subject matter of the action; (2) that the disposition of the action may, as a practical matter, impair that interest; (3) that the interest is…

2Cases cited10 opinions

  1. Haines v. KernerSupreme Court of the United States · 1972
  2. Fred Traguth and Otto Handtke, Individually and Doing Business as Dance Motion Press v. D'LeLa ZuckCourt of Appeals for the Second Circuit · 1983
  3. Restor-A-Dent Dental Laboratories, Inc. v. Certified Alloy Products, Inc., Unigard Mutual Insurance Company, Intervener-AppellantCourt of Appeals for the Second Circuit · 1984
  4. Satchell v. DilworthCourt of Appeals for the Second Circuit · 1984
  5. Frazier v. CoughlinCourt of Appeals for the Second Circuit · 1988

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3Cited by1 opinion

  1. Rodriguez v. PatakiDistrict Court, S.D. New York · 2002

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