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GIBSON v. CBS, INC.

No. 78 Civ. 0035(MEL).

491 F.Supp. 583 (1980)

Russell M. GIBSON, Plaintiff, v. CBS, INC., Defendant.

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

June 24, 1980.

Attorney(s) appearing for the Case

Klein & Vibber, New York City, for plaintiff; Alfred W. Vibber, New York City, of counsel.

Pryor, Cashman, Sherman & Flynn, New York City, for defendant; Stephen F. Huff, Gayle A. Yeomans, New York City, of counsel.

LASKER, District Judge.

Russell M. Gibson sues CBS, Inc. alleging that his copyright1 in a lecture entitled "I am And Egg" was infringed by the CBS broadcast on September 24, 1975 and June 6, 1976 of a skit entitled "SFX: Egg Cracking" on the Tony Orlando and Dawn Show.

CBS moves pursuant to Rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure for summary judgment dismissing the complaint on the grounds that it fails to...

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