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INFINITY BROADCAST CORP. v. KIRKWOOD

Docket No. 97-7764.

150 F.3d 104 (1998)

INFINITY BROADCAST CORP., Plaintiff-Appellant, v. Wayne KIRKWOOD, doing business as Media Dial-Up, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 2, 1998.

Amended July 29, 1998.

Attorney(s) appearing for the Case

Bruce B. Keller, New York City (Debevoise & Plimpton, Jeremy Feigelson, Robert J. Driscoll, of Counsel), for Plaintiff-Appellant.

Wayne Kirkwood, Dallas, TX, pro se, for Defendant-Appellee.

Before: FEINBERG and CALABRESI, Circuit Judges, and SEYBERT, District Judge.

FEINBERG, Circuit Judge:

Plaintiff Infinity Broadcasting Corp. ("Infinity") appeals from a judgment of the United States District Court for the Southern District of New York, Lewis A. Kaplan, J., dismissing Infinity's complaint against defendant Wayne Kirkwood, doing business as Media Dial-Up ("Kirkwood" or "Dial-Up"). Infinity, which now operates as CBS Radio, is one of the largest networks of radio broadcasters in the country and is the copyright-holder of the programs...

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