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VICTOR LALLI ENTERPRISES v. BIG RED APPLE, INC.

No. 1577, Docket 91-7155.

936 F.2d 671 (1991)

VICTOR LALLI ENTERPRISES, INC., by change of name to Val Publishing Company, Inc., Plaintiff-Appellant, v. BIG RED APPLE, INC. and W.E. Underwood, d/b/a Big Red Publishing, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 13, 1991.

Attorney(s) appearing for the Case

Edward B. Hunter, Jericho, N.Y. (Juan C. Villar, Nolte, Nolte & Hunter, of counsel), for plaintiff-appellant.

Richard E. Bennett, New York City, for defendant-appellee.

Before OAKES, Chief Circuit Judge, and CARDAMONE and WALKER, Circuit Judges.

PER CURIAM:

Victor Lalli Enterprises, Inc. by change of name to Val Publishing Co. ("Lalli") appeals from a final order and judgment entered on January 14, 1991 in the United States District Court for the Eastern District of New York (Honorable I. Leo Glasser, Judge), granting judgment in favor of defendant Big Red Apple, Inc. ("Big Red") and finding that Lalli's publication, a compilation of information gleaned from horse racing statistics, was not entitled...

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