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ASCAP v. PATAKI

No. 95 Civ. 9895 (BSJ).

930 F.Supp. 873 (1996)

AMERICAN SOCIETY OF COMPOSERS, AUTHORS, AND PUBLISHERS, by its President and Chairman Marilyn BERGMAN, Plaintiff, and Broadcast Music, Inc., Plaintiff-intervenor, v. George E. PATAKI, in his Official Capacity as Governor of the State of New York, et al., Defendants.

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

March 20, 1996.

Attorney(s) appearing for the Case

Richard H. Reimer, American Society of Composers, Authors and Publishers, David S. Klafter, and Fred Koenigsberg, White & Case, New York City, for ASCAP.

Michael E. Salzman, Hughes Hubbard & Reed, New York City, Marvin L. Berenson, New York City, Gary F. Roth, Broadcast Music, Inc., New York City, for Broadcast Music, Inc.

Judith L. Kramer, New York City, for defendants.

Opinion and Order

JONES, District Judge:

Plaintiff, American Society of Composers, Authors and Publishers ("ASCAP") and plaintiff-intervenor, Broadcast Music, Inc. ("BMI") (hereinafter referred to collectively as "plaintiffs"), seek an injunction enjoining the enforcement of sections 31.04.4(c) and 31.04.5 of the New York Arts and Cultural Affairs Law (hereinafter referred to as the "provisions" or the "New York provisions") enacted by the State of New York...

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