MEMORANDUM AND ORDER
DEARIE, District Judge.
Plaintiff Whimsicality, Inc. ("Whimsicality") has moved this Court pursuant to Fed. R.Civ.P. 60(b) to vacate the judgment of September 11, 1989 finding the six costumes manufactured by Whimsicality, and allegedly infringed by costumes manufactured by defendant Rubie's Costume Co., Inc. ("Rubie's"), unprotectable by copyright. For the reasons outlined below, the motion is granted.
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