LODGE HALL MUSIC, INC. v. WACO WRANGLER CLUB, INC.

No. 87-1394. Summary Calendar.

831 F.2d 77 (1987)

LODGE HALL MUSIC, INC., Foreverendeavor Music and T.B. Harms Company, Plaintiffs-Appellees, v. WACO WRANGLER CLUB, INC., Claud W. Carter and Juanita Carter, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 28, 1987.


Attorney(s) appearing for the Case

Bates & Cates, John L. Bates, Waco, Tex., for defendants-appellants.

Jackson, Walker, Winstead, Cantwell & Miller, John B. Nelson, Dallas, Tex., Naman, Howell, Smith & Lee, Waco, Tex., Richard H. Reimer, Karen E. Sherman, Bernard Korman, New York City, for plaintiffs-appellees.

Before RUBIN, HIGGINBOTHAM, and HILL, Circuit Judges.


ROBERT MADDEN HILL, Circuit Judge:*

Defendants appeal a summary judgment entered against them in a copyright infringement action. Because we find that there are outstanding questions of material fact that preclude summary judgment, we vacate the judgment and remand.

I.

Defendants own an establishment known as the Waco Wrangler Club in Waco, Texas.1 The Waco Wrangler Club serves alcoholic beverages...

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