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LEICESTER v. WARNER BROS.

No. 98-56310.

232 F.3d 1212 (2000)

Andrew LEICESTER, Plaintiff-Appellant, v. WARNER BROTHERS, a corporation; Warner Home Video, Inc., a corporation; Warner Bros. Consumer Products, a corporation; DC Comics, a corporation; Atlantic Recording Corporation, a corporation, and Does 1-20, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 29, 2000.

Attorney(s) appearing for the Case

Gregory B. Wood, Merchant, Gould, Smith, Edell, Welter & Schmidt, Los Angeles, California, for the plaintiff-appellant.

Robert M. Schwartz, Gregory N. Albright, Victor H. Jih, O'Melveny & Myers, L.L.P., Los Angeles, California, for the defendants-appellees.

Before: Pamela Ann RYMER, A. Wallace TASHIMA, and Raymond C. FISHER, Circuit Judges.

Argued and Submitted February 7, 2000 — Pasadena, California

Opinion by Judge RYMER; Concurrence by Judge TASHIMA; Dissent by Judge FISHER.

RYMER, Circuit Judge:

In 1994, the 801 Tower in downtown Los Angeles and four towers that form its streetwall on the south side of the building became the Second Bank of Gotham in Batman Forever. Andrew Leicester, an artist known for large scale public art, claims copyright protection for these towers...

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