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MARSHALL v. NEW KIDS ON THE BLOCK PARTNERSHIP

No. 91 Civ. 3905 (RPP).

780 F.Supp. 1005 (1991)

Elizabeth MARSHALL, professionally known as Bette Marshall, Plaintiff, v. NEW KIDS ON THE BLOCK PARTNERSHIP, Dick Scott Entertainment, Inc., Big Step Productions, Inc., the Topps Company, Inc., Unique Industries, Inc., Button-Up, A.S.P. Publishing, Inc., Penguin Books USA, Inc., and Bantain Books, Defendants.

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

December 20, 1991.

Attorney(s) appearing for the Case

Cinque & Cinque, New York City, by James P. Cinque, for plaintiff Elizabeth Marshall.

Weiss David Fross Zelnick & Lehrman, New York City, by Roger L. Zissu, for defendants New Kids on the Block Partnership, Dick Scott Entertainment, Inc., Big Step Productions, Inc., Unique Industries, Inc., Button Up, A.S.P. Pub., Inc. and Bantam Books.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

This is an action for injunctive relief and damages alleging copyright infringement. Seven of the defendants jointly move to dismiss the Complaint for lack of subject matter jurisdiction pursuant to Fed. R.Civ.P. 12(b)(1). For the reasons set forth below, the motion is denied.

BACKGROUND

Plaintiff Elizabeth Marshall is a New York resident working as a professional photographer...

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