RCA/ARIOLA INTERN., INC. v. THOMAS & GRAYSTON CO.

Nos. 87-5195 to 87-5204.

845 F.2d 773 (1988)

RCA/ARIOLA INTERNATIONAL, INC. by change of name now BMG Music; MCA Records, Inc.; Polygram Records, Inc.; Atlantic Recording Corporation; and CBS Inc., Appellants, v. THOMAS & GRAYSTON COMPANY, Appellee, John Does 1-100. RCA/ARIOLA INTERNATIONAL, INC. by change of name now BMG Music; MCA Records, Inc.; Polygram Records, Inc.; Atlantic Recording Corporation; and CBS Inc., Appellants, v. FALCON HEIGHTS PHARMACY, Appellee. John Does 1-100. RCA/ARIOLA INTERNATIONAL, INC. by change of name now BMG Music; MCA Records, Inc.; Polygram Records, Inc.; Atlantic Recording Corporation; and CBS Inc., Appellants, v. NELSON'S OFFICE SUPPLY STORES, Northtown Shopping Center, Inc., d/b/a Nelson's Office Supply, Metacom, Inc. and James I. McCann, Appellees. RCA/ARIOLA INTERNATIONAL, INC. by change of name now BMG Music; MCA Records, Inc.; Polygram Records, Inc.; Atlantic Recording Corporation; and CBS Inc., Appellants, v. DESNICK BROS. DRUG, INC., Appellee, John Does 1-100. RCA/ARIOLA INTERNATIONAL, INC. by change of name now BMG Music; MCA Records, Inc.; Polygram Records, Inc.; Atlantic Recording Corporation; and CBS Inc., Appellants, v. ST. PAUL BOOK & STATIONERY COMPANY, d/b/a St. Paul Book & Stationery, Appellee. RCA/ARIOLA INTERNATIONAL, INC. by change of name now BMG Music; MCA Records, Inc.; Polygram Records, Inc.; Atlantic Recording Corporation; and CBS Inc., Appellants, v. BEL-AIRE PHARMACY, INC., d/b/a Bel-Aire Drugs, Appellee, John Does 1-100, Metacom, Inc. and James I. McCann, Appellees. RCA/ARIOLA INTERNATIONAL, INC. by change of name now BMG Music; MCA Records, Inc.; Polygram Records, Inc.; Atlantic Recording Corporation; and CBS Inc., Appellants, v. FISHER PHOTO SUPPLY COMPANY, Appellee, John Does 1-100, Metacom, Inc., James I. McCann, Appellees. RCA/ARIOLA INTERNATIONAL, INC. by change of name now BMG Music; MCA Records, Inc.; Polygram Records, Inc.; Atlantic Recording Corporation; and CBS Inc., Appellants, v. BYERLY'S INC., Appellee, John Does 1-100. RCA/ARIOLA INTERNATIONAL, INC. by change of name now BMG Music; MCA Records, Inc.; Polygram Records, Inc.; Atlantic Recording Corporation; and CBS Inc., Appellants, v. MERWIN DRUG COMPANY, INC., Appellee, John Does 1-100. RCA/ARIOLA INTERNATIONAL, INC. by change of name now BMG Music; MCA Records, Inc.; Polygram Records, Inc.; Atlantic Recording Corporation; and CBS Inc., Appellants, v. ZUCKMAN ELECTRONICS COMPANY, INC., Appellee. John Does 1-100, Metacom, Inc. and James I. McCann, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 28, 1988.


Attorney(s) appearing for the Case

Robert Vidas, Minneapolis, Minn., for appellants.

Leo Stern, Minneapolis, Minn., for appellees.

Before JOHN R. GIBSON, BOWMAN and WOLLMAN, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

The duplication of copyrighted musical tapes on Rezound cassette duplicating machines in the Minneapolis-St. Paul area has resulted in an injunction and award of statutory damages, attorneys' fees, and costs against ten retailers who have had these machines on their premises,1 the manufacturer of the machines, Metacom, Inc., and its President, James McCann. All parties to the litigation have appealed or cross...

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