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

No. 1403, Docket 82-7243.

691 F.2d 125 (1982)

EASTERN MICROWAVE, INC., Plaintiff-Appellant, v. DOUBLEDAY SPORTS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 13, 1982.

Certiorari Denied February 22, 1983.

Attorney(s) appearing for the Case

John D. Matthews, Arnold P. Lutzker, John P. Schnitker, David J. Wittenstein, Dow, Lohnes & Albertson, Washington, D. C., for plaintiff/appellant; Sabin, Bermant & Blau, New York City, and Bond, Schoeneck & King, Syracuse, N. Y. of counsel.

James F. Fitzpatrick, David H. Lloyd, Leonard H. Becker, Robert Alan Garrett, Vicki J. Divoll, Robert N. Weiner, Arnold & Porter, Washington, D. C., and Robert J. Hughes, Jr., Benjamin J. Ferrara, David E. Peebles, Hancock, Estabrook, Ryan, Shove & Hust, Syracuse, N. Y., for defendant/appellee; Gerard H. Toner, New York City, of counsel.

Before VAN GRAAFEILAND and PIERCE, Circuit Judges, and MARKEY, Chief Judge of the U. S. Court of Customs and Patent Appeals.

Certiorari Denied February 22, 1983. See 103 S.Ct. 1232.

MARKEY, Chief Judge, United States Court of Customs & Patent Appeals:

Appeal from a judgment of the district court for the Northern District of New York, denying plaintiff's and granting defendant's motion for partial summary judgment, holding that a retransmitter of television signals publicly performed a copyrighted work among those signals and was not an exempt carrier. We reverse.

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