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U.S. v. BROADCAST MUSIC, INC.

Docket No. 01-6183.

316 F.3d 189 (2003)

UNITED STATES of America, Plaintiff-Appellee, Music Choice, Applicant-Appellee, v. BROADCAST MUSIC, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 14, 2003.

Attorney(s) appearing for the Case

Norman C. Kleinberg, Hughes Hubbard & Reed LLP (Michael E. Salzman, George A. Tsougarakis, David L. Sorgen, Beatrice A. Hamza, on the brief), New York, NY, for Defendant-Appellant.

Bruce D. Sokler, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. (Fernando R. Laguarda, Amy L. Bushyeager, Susan E. McDonald, on the brief), Washington, DC, for Applicant-Appellee.

Before: JACOBS, LEVAL, and KATZMANN, Circuit Judges.

LEVAL, Circuit Judge.

Under a consent decree established in United States v. Broadcast Music, Inc., 1966 Trade Cas. (CCH) ¶ 71,941 (S.D.N.Y. Dec. 29, 1966), amended, United States v. Broadcast Music, Inc., 1996-1 Trade Cas. ¶ 71, 378 (S.D.N.Y. Nov. 18, 1994) ("BMI Consent Decree"), the United States District Court for the Southern District of New York (Stanton, J.), functioned as a rate-setting court, to fix the rate to be paid to Broadcast...

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