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BROADCAST MUSIC, INC. v. CBS INC.

No. 76 Civ. 4483.

424 F.Supp. 799 (1976)

BROADCAST MUSIC, INC., Plaintiff, v. CBS INC., Defendant.

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

December 8, 1976.

Attorney(s) appearing for the Case

Hughes, Hubbard & Reed, New York City, for plaintiff; Amalya L. Kearse, George A. Davidson, Pamela R. Chepiga, New York City, of counsel.

Cravath, Swaine & Moore, New York City, for defendant; Alan J. Hruska, R. John Cooper, New York City, of counsel.

MEMORANDUM

LASKER, District Judge.

In this latest round in a history of litigation reaching into the past decade BMI, plaintiff in a reversal of roles from earlier stages, moves for a preliminary injunction restraining CBS from relitigating a copyright misuse claim which it is alleged has already been tried and determined in this court. The motion is granted.

The issue turns on two questions:

1) Is CBS relitigating a copyright misuse claim...

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