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BROADCAST MUSIC, INC. v. FOX AMUSEMENT CO., INC.

No. 81 C 6216.

551 F.Supp. 104 (1982)

BROADCAST MUSIC, INC., Plaintiff, v. FOX AMUSEMENT COMPANY, INC., etc., et al., Defendants.

United States District Court, N.D. Illinois, E.D.

November 16, 1982.

Attorney(s) appearing for the Case

Marshall Patner, Chicago, Ill., Stuart, Zavin & Sinnreich, New York City, for plaintiff.

James G. DelGiudice, Erbacci, Syracuse & Cerone, Ltd., Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Broadcast Music, Inc. ("BMI") has sued Fox Amusement Company, Inc. ("Fox"), William Daddono ("Daddono") and Michael Lupo ("Lupo"), asserting 57 claims of copyright infringement under the new Copyright Act, 17 U.S.C. §§ 101 et seq. (the "Act"). BMI seeks injunctive relief, statutory damages and an award of attorneys' fees and costs.

BMI has moved under Fed.R.Civ.P. ("Rule") 56 for summary...

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