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BROADCAST MUSIC, INC. v. CBS, INC.

No. 76 Civ. 4483(MP).

421 F.Supp. 592 (1976)

BROADCAST MUSIC, INC., Plaintiff, v. CBS, INC., Defendant.

United States District Court, S. D. New York.

November 3, 1976.

Attorney(s) appearing for the Case

Hughes, Hubbard & Reed, New York City, for plaintiff; Amalya L. Kearse, George A. Davidson, Pamela R. Chepiga, New York City, of counsel.

Cravath, Swaine & Moore, New York City, for defendant; Alan J. Hruska, R. John Cooper, New York City, of counsel.

DECISION

POLLACK, District Judge.

The plaintiff, BMI, moves to restrain the defendant, CBS, by preliminary injunction from relitigating a copyright misuse claim which has already been tried and determined in this Court by Judge Lasker in the case of CBS v. ASCAP, reported at 400 F.Supp. 737 (S.D.N.Y.1975). That determination is presently on appeal to the Court of Appeals, Second Circuit; the appeal was argued...

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