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CAPITOL RECORDS, INC. v. NAXOS OF AMERICA, INC.,

No. 02 Civ. 7890(RWS).

262 F.Supp.2d 204 (2003)

CAPITOL RECORDS, INC., Plaintiff, v. NAXOS OF AMERICA, INC., Defendant.

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

May 6, 2003.

Attorney(s) appearing for the Case

Kaplan Gottbetter & Levenson, New York, NY, By: Paul R. Levenson, for Plaintiff, of counsel.

Salans, New York, NY, By: Maxim H. Waldbaum, Lora A. Moffatt, Lori D. Greendorfer, Joseph Petersen, for Defendant, of counsel.

OPINION

SWEET, District Judge.

Defendant Naxos of America, Inc. ("Naxos") has moved under Rule 12(b)(6) of the Federal Rules of Civil Procedure, to dismiss the complaint of plaintiff Capitol Records, Inc. ("Capital") and Capital Records, in turn, has moved for partial summary judgment under Rule 56, Federal Rules of Civil Procedure.

For the reasons set forth below, the Naxos motion to dismiss is converted to a summary judgment motion and granted...

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