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OFF BEAT: Days get happier for actors after judge refuses to throw out suit

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A Los Angeles judge brought a group of actors a step closer to “Happy Days” on Tuesday by refusing to throw out their suit seeking a share of TV show merchandising money they say they never received.

The four cast members from the television show “Happy Days,” along with the widow of a fifth cast member, sued CBS last year claiming they had not been paid money they were owed for worldwide sales of “Happy Days” merchandise.

Los Angeles Superior Court Judge Elizabeth Allen White denied CBS’s motion for summary judgment of the suit filed by Marion Ross, Don Most, Anson Williams and Erin Moran along with the widow of Tom Bosley, who died in 2010. If the suit isn’t settled, it’s scheduled to go to trial July 17.

According to reports, the key issue remaining in the case is whether the actors are entitled to a share of sales of “Happy Days” DVDs. Since the suit was filed, CBS has sent the actors approximately $10,000 each in merchandising payments, reports said.

CBS owns the show, which aired from 1974 to 1984. CBS claims it has paid the actors all the merchandising money they were owed and that it has accounted properly for all “Happy Days” merchandising revenue.

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