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EASTERN MICROWAVE, INC. v. DOUBLEDAY SPORTS, INC.

No. 81-CV-303.

534 F.Supp. 533 (1982)

EASTERN MICROWAVE, INC., Plaintiff, v. DOUBLEDAY SPORTS, INC., Defendant.

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

March 12, 1982.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, Syracuse, N. Y., and Dow, Lohnes & Albertson, Washington, D. C., for plaintiff; Charles T. Beeching, Jr., M. Catherine Richardson, New York City, John D. Matthews, Arnold P. Lutzker, Charles H. Helein, Washington, D. C., of counsel.

Hancock, Estabrook, Ryan, Shove & Hust, Syracuse, N. Y., and Arnold & Porter, Washington, D. C., for defendant; Robert J. Hughes, Benjamin J. Ferrara, David E. Peebles, Syracuse, N. Y., David H. Lloyd, Leonard H. Becker, Robert Alan Garrett, Vicki J. Divoll, Robert N. Weiner, Washington, D. C., of counsel.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

This matter is before the Court on the parties' cross motions for partial summary judgment. The issues to be decided are: (1) whether Eastern Microwave's retransmissions of WOR-TV telecasts, more particularly WOR's broadcasts of the Mets' games, are public performances within the meaning of 17 U.S.C. § 106; and (2) whether Eastern Microwave is exempt from copyright liability for those retransmissions...

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