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GNOSSOS MUSIC v. MITKEN, INC.

No. 80-1311.

653 F.2d 117 (1981)

GNOSSOS MUSIC; Magicland Music; E. S. Prager, Incorporated; WB Music Corporation; Jobete Music Company, Incorporated; Commodore Entertainment Publishing Corporation; Badco Music, Incorporated; Black Bull Music, Incorporated; Appellees, v. MITKEN, INCORPORATED, Appellant, and Jerry Mitchell, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided June 30, 1981.

Attorney(s) appearing for the Case

Stephen D. Kaylor, Asheville, N. C. (J. Lawrence Smith, Asheville, N. C., on brief), for appellant.

Jay Topkis, New York City (Bernard Korman, Wm. M. Nicholson, Judith M. Saffer, New York City, on brief), for appellees.

Before WINTER, RUSSELL and SPROUSE, Circuit Judges.

SPROUSE, Circuit Judge:

This is an appeal by a defendant, Mitken, Inc., from a March 5, 1980, district court order granting plaintiffs' motion to strike defendants' request for a jury trial in two consolidated copyright infringement cases.

Mitken, Inc., is the owner and operator of a nightclub in Asheville, North Carolina, the Cosmic Ball Room, that regularly presented live music for dancing in 1979. Its co-defendant...

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