CUSANO v. KLEIN

Nos. 00-55536, 99-56131.

264 F.3d 936 (2001)

Vincent CUSANO, individually d/b/a Vinnie Vincent Music, d/b/a Streetbeat Music f/k/a Vinnie Vincent, Plaintiff-Appellant, v. Gene KLEIN, an individual; Stanley Eisen, an individual; The Kiss Company, a New York Corporation; Gene Simmons Worldwide, Inc., a Delaware Corporation; Simstan Music Ltd., a Delaware Corporation; KISStory Ltd.; Polygram Records, Inc., a Delaware Corporation, Defendants-Appellees, and Horipro Entertainment Group, a California Corporation, Defendant. Vincent Cusano, individually d/b/a Vinnie Vincent Music, d/b/a Streetbeat Music f/k/a Vinnie Vincent, Plaintiff-Appellant, v. Gene Klein, an individual; Stanley Eisen, an individual; The Kiss Company, a New York Corporation; Gene Simmons Worldwide, Inc., a Delaware Corporation; Simstan Music Ltd., a Delaware Corporation; KISStory Ltd.; Polygram Records, Inc., a Delaware Corporation; Horipro Entertainment Group, a California Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2001.


Attorney(s) appearing for the Case

Richard H. Batson, II, Nashville, Tennessee, for the plaintiff-appellant.

Brian G. Wolf, Lavely & Singer, Los Angeles, California, for the defendants-appellees.

Before: PREGERSON, CANBY, and THOMPSON, Circuit Judges.


CANBY, Circuit Judge:

Vincent Cusano, individually and under certain professional and business names, brought this diversity action against persons and companies associated with the famous rock'n'roll band KISS, alleging various claims for unpaid royalties, defamation, and infringement of his right of publicity. Cusano appeals the district court's grant of summary judgment in favor of Defendants. In his companion appeal, No. 00-55536, which we consolidate for purposes...

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