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PETERSON v. HIGHLAND MUSIC, INC.

Nos. 95-56393, 97-55597 and 97-55599.

140 F.3d 1313 (1998)

Richard PETERSON; Mike Mitchell; Lynne Easton; Norm Sundholm; Barry Curtis, Plaintiffs-Appellees, v. HIGHLAND MUSIC, INC., Defendant, and Gusto Records, Inc.; G.M.L., Inc., Defendants-Appellants. G.M.L., INC., a Missouri corporation; Highland Music, Inc., Plaintiffs-Appellants, v. Richard PETERSON; Mike Mitchell; Lynne Easton; Norm Sundholm; Barry Curtis; Gerald Dennon; Jerden Music, Inc., dba Jerden Industries, Inc., dba Great Northwest Music Company, BBDO Worldwide Inc., dba BBDO Worldwide Network, Defendants-Appellees. Richard PETERSON; Mike Mitchell; Lynne Easton; Norm Sundholm; Barry Curtis, Plaintiffs-Appellees, v. HIGHLAND MUSIC, INC.; Gusto Records, Inc.; G.M.L., Inc., Defendants-Appellants, and Stephen Hawkins, Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 10, 1998.

As Amended on Denial of Rehearing and Suggestion for Rehearing June 15, 1998.

Attorney(s) appearing for the Case

Scott A. Edelman, Los Angeles, California; Jeannette M. Bazis, Minneapolis, Minnesota, Robert Besser, Pacific Palisades, California, for plaintiffs-appellants.

Robert Besser, Pacific Palisades, California, for defendants-appellants.

Scott A. Edelman, Los Angeles, California; Jeannette M. Bazis, Minneapolis, Minnesota, for defendants-appellees.

Before: FLETCHER, MAGILL, and T.G. NELSON, Circuit Judges.

As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc June 15, 1998.*

FLETCHER, Circuit Judge:

This case involves an attempt by the Kingsmen, a musical group, to secure a rescission of the contract by which they assigned to others the rights to their popular recording of the hit song, "Louie, Louie." We review three actions consolidated on appeal. In the first, the parties litigated the right to rescind. In the...

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