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BROADCAST MUSIC, INC. v. UNITED STATES SHOE CORP.

No. 81-5162.

678 F.2d 816 (1982)

BROADCAST MUSIC, INC., Plaintiff-Appellee, v. The UNITED STATES SHOE CORPORATION, a corporation of Ohio, and U. S. Specialty Retailing, Inc., a corporation of Ohio, doing business as Casual Corner, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 2, 1982.

Attorney(s) appearing for the Case

R. O. Klausmeyer, Frost & Jacobs, Cincinnati, Ohio, for defendants-appellants.

Peter C. Smoot, Beverly Hills, Cal., argued, for plaintiff-appellee; Kaplan, Livingston, Goodwin, Berkowitz & Selvin, Beverly Hills, Cal., on brief.

Before GOODWIN and TANG, Circuit Judges, and SOLOMON, Senior District Judge.

SOLOMON, District Judge:

This is an appeal from a grant of summary judgment against appellants (Casual Corner) for infringement of public performance rights belonging to Broadcast Music, Inc. (BMI).

Appellants operate a chain of more than 600 women's retail apparel stores under the name Casual Corner. In many of their stores, regular radio broadcasts were played to the public through the use of a single radio receiver...

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