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LITIGATION REPORT

NEW CASES:

1. [[underlined]] ERH Sales Corp. [[/underlined]] v. [[underlined]] Smithsonian Institution Division of Performing Arts [[/underlined]]

The trustee of the bankrupt ERH Sales Corp. (ERH) had alleged that the Smithsonian Division of Performing Arts owes ERH $27,038.15 for recording ([[underlined]] Messian [[/underlined]] and [[underlined]] Country Classics [[/underlined]]) it manufactured. Suit was filed on November 8, 1983, with trial set for December 13, 1983, in the United States Bankruptcy acknowledge that service on the Institution was defective. In the meantime, the Smithsonian Office of the General Counsel continues to negotiate the amount in controversy with plaintiff's counsel.

CASE PREVIOUSLY REPORTED:

2. [[underlined]] Headley [[/underlined]] v. [[underlined]] Smithsonian Institution [[/underlined]]

This appeal to the U. S. Court of Appeals for the Federal Circuit from a decision of the Merit System Protection Board (MSPB) was filed on December 23, 1982. In December 1980, Mr. Headley, a former National Zoological Park police officer, was tried for and acquitted of charges of burglary and theft which took place in New Jersey in August 1980. After a subsequent administrative investigation by Smithsonian officials of the facts of the burglary, it was determined that Mr. Headley was involved in the crime and he was terminated from his position in October 1981. Mr. Headley's appeal of that termination to the MSPB was denied, and this action followed. Oral argument was heard on September 13, 1983, and on October 19, 1983, the court upheld the MSPB decision in favor of the Smithsonian. Mr. Headley must file any appeal to the Supreme Court by late January 1984.

3. [[underlined]] Matternes [[/underlined]] v. [[underlined]] Abrams [[/underlined]]

Filed June 16, 1983, in the U. S. District Court for the District of Columbia, this is a civil action for money damages and injunctive relief arising under the copyright laws of the United States. Plaintiff alleges that defendant Abrams has infringed rights owned by him by reproducing murals painted by him in its volume "The National Museum of Natural History," published cooperatively with the Smithsonian Institution. After consultation with the U. S. Department of Justice, the Smithsonian has voluntarily joined this litigation as a part defendant in order to assure that its legal rights in the materials are adequately protected. Discovery is expected to continue through January 1984, with a mid-Spring trial date anticipated.