LEVAL, Circuit Judge:
Plaintiff On Davis ("Davis") appeals from an order of the United States District Court for the Southern District of New York (Sweet, J.) granting summary judgment to the defendant, The Gap, Inc. ("the Gap"), dismissing plaintiff's claim of copyright infringement. See On Davis v. The Gap, Inc., No. 97 CIV. 8606(RWS), 1999 WL 199005 (S.D.N.Y. Apr.9, 1999) ("Davis I"); Davis v. The Gap, Inc., 186 F.R.D. 322 (S.D.N.Y.1999) (...
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