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ROCK & ROLL HALL OF FAME v. GENTILE PRODUCTIONS

No. 96-3759.

134 F.3d 749 (1998)

The ROCK AND ROLL HALL OF FAME AND MUSEUM, INC.; The Rock and Roll Hall of Fame Foundation, Inc., Plaintiffs-Appellees, v. GENTILE PRODUCTIONS; Charles M. Gentile, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 20, 1998.

Rehearing and Suggestion for Rehearing Denied March 5, 1998.

Attorney(s) appearing for the Case

Regan J. Fay (argued and briefed), Paula B. Wilson, Jones, Day, Reavis & Pogue, Cleveland, OH, for Plaintiffs-Appellees.

Michael T. Cawley (briefed), Joseph W. Pappalardo (briefed), Gallagher, Sharp, Fulton & Norman, Cleveland, OH, J. Michael Murray (argued and briefed), Lorraine R. Baumgardner (briefed), Susan Marqulies (briefed), Berkman, Gordon, Murray & DeVan, Cleveland, OH, for Defendants-Appellants.

Stephen M. Trattner (briefed), Lewis & Trattner, Washington, DC, for Amicus Curiae Pebble Beach Co., Resorts of Pinehurst, Inc., Robert Trent Jones Golf Club, Inc.

Charles D. Ossola (briefed), Lowe, Price, Leblanc & Beckler, Alexandria, VA, for Amicus Curiae American Society of Media Photographers, Inc.

Before: MARTIN, Chief Judge; RYAN and BATCHELDER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied March 5, 1998.*

RYAN, J., delivered the opinion of the court, in which BATCHELDER, J., joined. MARTIN, C.J. (pp. 756-759), delivered a separate dissenting opinion.

RYAN, Circuit Judge.

OPINION

The Rock and Roll Hall of Fame and Museum, Inc., and The Rock and Roll Hall of Fame Foundation, Inc., filed suit against Charles Gentile and Gentile Productions, alleging...

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