No. 89 Civ. 2833 (JFK).

746 F.Supp. 320 (1990)

BROADCAST MUSIC, INC.; Cotillion Music, Inc.; Irving Music, Inc.; Screen Gems-EMI Music, Inc.; Embassy Music Corporation; Michael Joe Jackson d/b/a Mijac Music; Stone Agate Music, Division of Jobete Music Co., Inc.; Cedar-wood Publishing, a Division of Dick James Music, Inc.; Peer International Corporation; Tree Publishing Co, Inc.; Melody Jean Craddock d/b/a Bopping Music Company; Lowery Music Company, Inc.; Dorinda Morgan, as Trustee of the "Hite Morgan and Dorinda Morgan 1974 Trust" d/b/a Guild Music Company; Dick James Music, Inc.; and Michael Jackson d/b/a Maclen Music, Plaintiffs and Counterclaim Defendants, v. HEARST/ABC VIACOM ENTERTAINMENT SERVICES d/b/a Lifetime Television, Defendant and Counterclaim Plaintiff. HEARST/ABC VIACOM ENTERTAINMENT SERVICES d/b/a Lifetime Television, Defendant and Third-Party Plaintiff, v. Frances W. PRESTON, Third-Party Defendant.

United States District Court, S.D. New York.

August 29, 1990.

Attorney(s) appearing for the Case

Hughes Hubbard & Reed, New York City; Robert J. Sisk, Michael E. Salzman, Charles Lozow, and Mary K. Fleck, of counsel, for plaintiffs-counterclaim defendants and third-party defendant.

Weil, Gotshal & Manges, New York City; R. Bruce Rich, Kenneth L. Steinthal, Geoffrey M. Green, Evie C. Goldstein, and Beth K. Neelman, of counsel, for defendant-counterclaim plaintiff and third party plaintiff.


KEENAN, District Judge:

This copyright infringement action is before the Court on plaintiffs' motion to dismiss the three-count antitrust and copyright misuse counterclaim and to strike the affirmative defenses of defendant Hearst/ABC Viacom Entertainment Services d/b/a Lifetime Television ("Lifetime"). Fed.R.Civ.P. 12(b)(6), (f). Frances W. Preston also moves to dismiss the third-party complaint...

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