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QUEENIE, LTD. v. SEARS, ROEBUCK & CO.

No. 98 CIV. 7433(RO).

124 F.Supp.2d 178 (2000)

QUEENIE, LTD., Plaintiff, v. SEARS, ROEBUCK & CO., Defendant.

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

December 7, 2000.

Attorney(s) appearing for the Case

Louis S. Reich, Reich & Reich, New York, New York, for plaintiff.

Richard M. LaBarge, Gregory C. Mayer, Marshall, O'Toole, Gerstein, Murrary & Borun, Chicago, Illinois, Howard C. Crystal, Novack Burnbaum Crystal LLP, New York, New York, for defendant.

OPINION AND ORDER

OWEN, District Judge.

This is one of a number of actions for copyright infringement of a certain fabric design, all of which are before me. Pursuant to Fed.R.Civ.P. 56, defendant Sears, Roebuck and Co. now moves for summary judgment on the grounds that plaintiff Queenie, Ltd. cannot establish copying of any protectible element or elements of the aforementioned fabric design. For the reasons set forth below, defendant's motion is...

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