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JACOB MAXWELL, INC. v. VEECK

No. 96-2636.

110 F.3d 749 (1997)

JACOB MAXWELL, INCORPORATED, Plaintiff-Counter-Defendant-Appellant, Cross-Appellee, v. Michael VEECK, Individually and as General Partner of the Fort Myers Miracle Baseball Club Partnership, et al., Defendants, John Kuhn, Movant, Marvin Goldclang, Individually and as General Partner of the Fort Myers Miracle Baseball Club Partnership, Greater Miami Baseball Club Limited Partnership, Defendants-Appellees, Cross-Appellants, Baseball Company of America, a Florida Limited Partnership, Baseball Corp. of America, Inc., a New Jersey Corporation, Defendants-Counter-Claimants-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied May 13, 1997.

Attorney(s) appearing for the Case

Joel S. Perwin, Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, FL, for Appellants.

Thomas G. Whaley, Minneapolis, MN, for Appellees.

Before CARNES, Circuit Judge, and CLARK and CAMPBELL, Senior Circuit Judges.

LEVIN H. CAMPBELL, Senior Circuit Judge:

This appeal concerns an unhappy dispute between the composer of a song entitled "Cheer! The Miracle Is Here" and a minor league baseball team, known as the Miracle, for whose promotion the song was written. After the parties' relations turned sour, the composer sued the Miracle claiming that its playing of the song at games had been a breach of copyright. Rejecting that contention...

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