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FAMOUS MUSIC, CORP. v. BAY STATE HARNESS HORSE RACING, ETC.

No. 76-1514.

554 F.2d 1213 (1977)

FAMOUS MUSIC CORP. et al., Plaintiffs-Appellees, v. BAY STATE HARNESS HORSE RACING AND BREEDING ASSOCIATION, INC., Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided May 18, 1977.

Attorney(s) appearing for the Case

Joel Lewin, Boston, Mass., with whom Fine & Ambrogne, Boston, Mass., was on brief, for appellant.

Stephen S. Young, Boston, Mass., with whom Sherburne, Powers & Needham, Boston, Mass., Bernard Korman, Philadelphia, Pa., and Richard H. Reimer, Massapequa Park, N. Y., were on brief, for appellees.

Before MOORE, ALDRICH and CAMPBELL, Circuit Judges.

MOORE, Circuit Judge.

Defendant, Bay State Harness Horse Racing and Breeding Association, Inc. (Bay State), appeals from an order granting summary judgment to plaintiffs, Famous Music Corp., et al., owners of copyrights in certain musical compositions allegedly broadcast over a public address system at Bay State's raceway in Foxboro, Massachusetts, in violation of 17 U.S.C. § 101, et seq. The order has been reported at 423 F.Supp...

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