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Anson Williams, Don Most, Marion Ross and Erin Moran are suing for unpaid royalties.

Anson Williams, Don Most, Marion Ross and Erin Moran are suing for unpaid royalties.

CBS fires back at Happy Days lawsuit

CBS says stars of the hit TV show "Happy Days," who are suing the company for unpaid merchandising revenue, don't have a case. The company, which owns the iconic show, said in a 15-page response to the lawsuit filed in Los Angeles Superior Court, that the case is "a garden-variety breach of contract action, nothing more."

Scott Zamost | CNN | Published: 06/25/2011 07:51

"However, rather than simply seek what they are purportedly owed under their contracts, plaintiffs are attempting to generate a lucrative litigation windfall by riddling their complaint with unsupported and overreaching causes of action" for fraud and breach of good faith.

CBS said this was "all done in a transparent attempt to introduce the specter of punitive damages" in the case.

Four members of the cast -- Marion Ross, Don Most, Anson Williams and Erin Moran -- as well as the estate of Tom Bosley, sued CBS in April, claiming they have not been paid for what they're owed in connection with the worldwide sale of "Happy Days" merchandise. "Happy Days" was originally on the air from 1974 to 1984. Bosley died in October.

Under their contracts, the actors were supposed to receive 5% of net proceeds, or 2 1/2% if their images were used in a group.

In exclusive interviews with CNN earlier this year, the four cast members said they decided to move forward after discovering "Happy Days" slot machines were popping up in casinos around the country in 2008.

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