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U.S. v. AMERICAN SOC. COMPOSERS AUTHORS AND PUB.

Nos. 1206, 1412, Dockets 92-6184, 93-6284.

32 F.3d 727 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, Defendant-Appellee, In the Matter of the Application of Steve KARMEN, Petitioner-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 22, 1994.

Attorney(s) appearing for the Case

Charles M. Newman, New York City (Neal R. Platt, of counsel), for petitioner-appellant Steve Karmen.

Allan Blumstein, New York City (Jean H. McMahon, Paul, Weiss, Rifkind, Wharton & Garrison, I. Fred Koenigsberg, White & Case, Ross Charap, of counsel), for defendant-appellee American Soc. of Composers, Authors and Publishers.

Robert J. Wiggers, Dept. of Justice, Washington, DC (Anne K. Bingamen, Asst. Atty. Gen., Diane P. Wood, Deputy Asst. Atty. Gen., Robert B. Nicholson, Gregory B. Hovendon, Dept. of Justice, of counsel), for plaintiff-appellee U.S.

Before: CARDAMONE and MINER, Circuit Judges, and PARKER, District Judge.

CARDAMONE, Circuit Judge:

Jingles, as most everyone knows, are a constant sound presence on radio and television. Jingle writers who are members of the American Society of Composers, Authors and Publishers (ASCAP) have tried for over 15 years to convince ASCAP to give jingles greater royalty weight. Appellant Steve Karmen, a member of ASCAP, is a prolific writer of many enormously successful jingles, such as, "I Love New York...

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