MEMORANDUM OPINION AND ORDER
LEINENWEBER, District Judge.
A professional free-lance photographer, Stan Malinowski ("Malinowski"), has brought this action against Playboy Enterprises, Inc. ("Playboy") claiming copyright infringement and quantum meruit. The suit involves two sets of photographs taken by Malinowski at Playboy's request, some of which were published by Playboy in its magazine. Defendant has counterclaimed seeking declaratory judgment...
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