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ELLIS v. DIFFIE

No. 98-5081.

177 F.3d 503 (1999)

Everett A. ELLIS, Plaintiff-Appellant, v. Joe DIFFIE et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 17, 1999.

Attorney(s) appearing for the Case

Grant Smith (briefed), Nashville, TN, for Everett Ellis.

Timothy L. Warnock (argued), Bowen, Riley, Warnock & Jacobson, Nashville, TN, John C. Beiter, Robert L. Sullivan (briefed), Manatt, Phelps, & Phillips, Nashville, TN, for Joe Diffie.

David Lamar Maddox (briefed), David L. Maddox & Associates, Nashville, TN, for Rick Blaylock.

Jay S. Bowen (briefed), Bowen, Riley, Warnock & Jacobson, Nashville, TN, for Kerry Phillips.

Jay S. Bowen (briefed), Bowen, Riley, Warnock & Jacobson, Nashville, TN, David Lamar Maddox (briefed), David L. Maddox & Associates, Nashville, TN, for Howard Perdew.

David Lamar Maddox (briefed), David L. Maddox & Associates, Nashville, TN, for Johnny Slate, Stacy Slate, Sony Music, Epic Records, Johnny Slate Productions, Inc., Texas Wedge Music, Inc., Songwriters Ink, Inc., Affiliated Publishers, Inc., and Does 1-10.

Before: JONES, SUHRHEINRICH, and MOORE, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

The plaintiff, Everett A. Ellis, appeals from the decision of the district court, sitting as trier of fact, against him on his copyright infringement claim. Ellis claims that the song recorded by Joe Diffie entitled "Prop Me Up Beside the Jukebox (If I Die)" [hereinafter "Prop Me Up"] is copied in substantial part from Ellis's song entitled "Lay Me Out By the Jukebox When I Die" [hereinafter "Lay Me Out"]. The district...

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