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FRANKLIN MUSIC v. AMERICAN BROADCASTING COMPANIES

Nos. 78-2300 to 78-2302.

616 F.2d 528 (1979)

FRANKLIN MUSIC COMPANY, Appellant, v. AMERICAN BROADCASTING COMPANIES, INC., ABC Record and Tape Sales Corp., Wide World of Music, Inc. and Albert S. Franklin. FRANKLIN MUSIC COMPANY v. AMERICAN BROADCASTING COMPANIES, INC., ABC Record and Tape Sales Corp., Wide World of Music, Inc. and Albert S. Franklin. Appeal of American Broadcasting Companies, Inc. and ABC Record and Tape Sales Corporation. FRANKLIN MUSIC COMPANY v. AMERICAN BROADCASTING COMPANIES, INC., ABC Record and Tape Sales Corp., Wide World of Music, Inc. and Albert S. Franklin. Appeal of Albert S. FRANKLIN.

United States Court of Appeals Third Circuit.

Decided December 21, 1979.

As Amended December 28, 1979, January 8 and January 9, 1980.

Attorney(s) appearing for the Case

David H. Marion (argued), Joseph F. Roda, Kohn, Savett, Marion & Graf, P. C., Philadelphia, Pa., for appellant and cross-appellee, Franklin Music Company.

Richard F. Stevens (argued), Butz, Hudders & Tallman, Allentown, Pa., for appellee and cross-appellant, Albert S. Franklin.

Daniel H. Margolis, Allentown, Pa. (argued), Michael D. Ridberg, William D. Appler, Matthew Weston-Dawkes, Ralph C. Thomas, III, Bergson, Borkland, Margolis & Adler, Washington, D. C., A. H. Wilcox, Pepper, Hamilton & Scheetz, Philadelphia, Pa., (of counsel), for American Broadcasting Companies, Inc. and ABC Record and Tape Sales Corp.

Before SEITZ, Chief Judge, and GIBBONS and SLOVITER, Circuit Judges.

GIBBONS, Circuit Judge, announcing decision of the court as to all issues except the civil conspiracy verdict and dissenting in Part II. B. as to the civil conspiracy claim.

This case is before us on an appeal by the plaintiff Franklin Music Company [FMC] and cross appeals by the defendants American Broadcasting Companies, Inc., ABC Record and Tape Sales Corp. (hereinafter collectively ABC), and Albert S. Franklin (Franklin) from a final judgment in favor of FMC following...

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