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Judge rules for CBS in 'Happy Days' suit

Oct. 20, 2011 at 11:12 AM
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LOS ANGELES, Oct. 20 (UPI) -- A Los Angeles judge has ruled in favor of CBS on an allegation of fraud in a lawsuit filed by former cast members of the TV show "Happy Days."

Marion Ross, Don Most, Anson Williams and Erin Moran and the widow of the late Tom Bosley are suing CBS for $10 million for failing to pay them for merchandising sales.

The ruling Wednesday by Judge Elizabeth Allen White means the lawsuit can only move forward on the breach of contract suit and the actors cannot be awarded punitive damages in the trial scheduled for next year, CNN reported.

The lawsuit says the actors were supposed to receive 5 percent of net proceeds from merchandise featuring their image and half that amount if their images were used in a group.

The actors from the hit TV comedy, which aired from 1974 to 1984, told CNN earlier this year that they lost out on millions of dollars in revenue from comic books, T-shirts, trading cards, games, lunch boxes, dolls and other items.

CBS has said it only owes them between $8,500 and $9,000 each for the last four years, mostly from slot machine revenues, CNN reported.

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