Thursday, October 26, 2000:

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From Lubbock Avalanche-Journal, Thursday, April 15, 1999

Holley family moves suit to LA court

By JOHN FUQUAY
Avalanche-Journal

Buddy Holly's heirs have moved their civil suit against the rock pioneer's former manager, band members and a recording company to federal court in Los Angeles, a Lubbock attorney said Wednesday.

Holly's widow, Maria Elena Holly of Dallas, two brothers, Travis and Larry Holley and sister Pat Holley Kaiter, all of Lubbock, filed a lawsuit last month seeking damages for past royalties they claim have been ignored or underpaid.

Plaintiff's attorney Kevin Glasheen filed the suit in state district court in Lubbock, but he said Wednesday that he moved the lawsuit to federal court in Los Angeles to prevent the defendants from moving the case to federal court in Lubbock.

He said he would have preferred the case remain in state court in Lubbock, but he said federal courts in Los Angeles have far more experience with cases involving entertainment law than Lubbock's federal court.

He also said he has retained attorneys in Los Angeles to assist with the case. He declined to name the attorneys but said they had represented well-known clients in the entertainment industry.

The lawsuit, filed March 15, remains in a discovery phase, and a trial date has not been set, Glasheen said.

The Holly survivors are suing MCA Records Inc., the estate of Norman Petty, who was Buddy Holly's manager, and former Crickets band members J.I. Allison of Lyles, Tenn., and Joe B. Mauldin of Nashville, Tenn.

In their petition, the plaintiff's claim MCA relied on invalid contracts to determine who received Buddy Holly royalties. They also claim the Los Angeles-based recording company reneged on a 1996 agreement to increase royalties to 16 percent from an average 6.5 percent.

The suit also says Petty conspired with MCA by defrauding Holly heirs and converting their royalty rights to the record company.

The former Cricket band members have unjustly claimed rights to Holly recordings, the suit claims.

John Fuquay can be contacted at 766-8722 or jfuquay@windmill.net