MEMORANDUM AND ORDER
SARIS, District Judge.
Plaintiff, Shawn Spilman, d/b/a Eliot Press, sold the publication rights to his health care manuals to the defendant, Mosby-Yearbook, Inc. ("Mosby"), which agreed to use its best efforts to protect the copyrights and to use commercially reasonable efforts to promote the publications. Alleging that Mosby failed to comply
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