OPINION
GOETTEL, District Judge:
The plaintiff in this action, Stephen M. Silverman, seeks a declaration regarding his right to use parts of the "Amos `n' Andy" radio programs broadcast from March 1928, through March 1948, in a Broadway musical comedy he has written. The defendant, CBS Inc., claims to hold valid copyrights as well as trademark rights in the Amos `n' Andy radio and television programs, and asserts counterclaims against Silverman for, inter...
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