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BROADCAST MUSIC, INC. v. XANTHAS, INC.

No. 87-3831.

855 F.2d 233 (1988)

BROADCAST MUSIC, INC., Plaintiff-Appellee, v. XANTHAS, INC., d/b/a TAC Amusement Co., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 20, 1988.

Attorney(s) appearing for the Case

Vallerie Oxner, New Orleans, La., for defendant-appellant.

Earl S. Eichin, Jr., O'Neil, Eichen & Miller, New Orleans, La., Jonathan Zavin, Marya Lenn Yee, Zavin, Sinnreich & Wasserman, New York City, for plaintiff-appellee.

Before WISDOM, GEE, and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

In this copyright-infringement suit, a jukebox operator found guilty of willful infringement of music performance rights challenges the district court's findings of willfulness and the number of infringements and the court's calculation of damages. We hold that the court did not err in finding the infringements willful, but that some of the evidence proving that the defendant owned jukeboxes on which infringements took place was inadmissible...

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