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EDISON BROS. STORES, INC. v. BROADCAST MUSIC, INC.

No. 91-2115.

954 F.2d 1419 (1992)

EDISON BROTHERS STORES, INC., Appellee, v. BROADCAST MUSIC, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 13, 1992.

Attorney(s) appearing for the Case

Johnathan Zavin, New York City, argued (Scott M. Martin and Judith Saffer, New York City, Jim J. Shoemake and Kurt S. Odenwald, St. Louis, Mo., on brief), for appellant.

Michael A. Kahn, San Francisco, Cal., argued (Katharine Livingston and J. Daniel Sharp, San Francisco, Cal., and Robert T. Haar, St. Louis, Mo., on brief), for appellee.

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

BOWMAN, Circuit Judge.

Broadcast Music, Inc. (BMI), appeals the District Court's1 decision to grant summary judgment in favor of Edison Brothers Stores, Inc., in Edison's suit for a declaratory judgment that its stores qualify for an exemption from the vesting of exclusive rights of performance in the owners of copyrighted works. See Edison Bros. Stores, Inc. v. Broadcast Music, Inc., 760 F.Supp. 767

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