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BROADCAST MUSIC v. ALL-INDUSTRY TELEVISION STATION MUSIC LICENSE COMMITTEE

No. 85 Civ. 4507 (EW).

611 F.Supp. 868 (1985)

BROADCAST MUSIC, INC., Plaintiff, v. ALL-INDUSTRY TELEVISION STATION MUSIC LICENSE COMMITTEE, Leslie G. Arries, Jr., as Chairman of All-Industry Television Station Music License Committee, King Broadcasting Co., Meredith Corporation, Stauffer Communications, Inc., Taft Broadcasting Co., and Tribune Broadcasting Co.WGN Continental Broadcasting Co., Defendants.

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

June 21, 1985.

Attorney(s) appearing for the Case

Hughes Hubbard & Reed, New York City, for plaintiff; Robert J. Sisk, Norman C. Kleinberg, Michael E. Salzman, Jacqueline D. Gilbert, William H. Voth, New York City, of counsel.

Weil, Gotshal & Manges, New York City, for appearing defendants and counterclaim plaintiff King Broadcasting Co.; Ira M. Millstein, James W. Quinn, R. Bruce Rich, Kenneth L. Steinthal, Lois Peel Eisenstein, Evie C. Goldstein, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

This litigation is the sequel to the failure of the parties after months of negotiation to agree upon the amounts and terms of licensing fees to be paid by defendants and other broadcasters to plaintiff, Broadcast Music, Inc. ("BMI"), for copyrighted musical compositions. Before the Court are cross-motions for preliminary injunctions which, in essence, center about the question whether or not a special shareholder...

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