POP/ROCK - May 20, 1988

A New York State appeals court ruled Wednesday that Yoko Ono and the remaining members of the Beatles can proceed with an $80-million suit against EMI-Capitol Records, which the legendary rock group claims pocketed its profits. The ruling overturned a lower court decision last year that said the Beatles could sue EMI-Capitol Records for only $30 million in compensatory damages and not for an additional $50 million in punitive damages, said Leonard Marks, an attorney for the group. The Beatles originally filed the $80-million lawsuit in 1979, accusing Capitol of selling 19 million of their records and not paying royalties to the band, Marks said.