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POLLARA v. SEYMOUR

Docket No. 02-7733.

344 F.3d 265 (2003)

Joanne POLLARA, Plaintiff-Appellant, v. Joseph J. SEYMOUR and Thomas E. Casey, Defendants-Appellees, John Does, Defendant.

United States Court of Appeals, Second Circuit.

Decided: September 19, 2003.

Attorney(s) appearing for the Case

Paul C. Rapp, Cohen, Dax & Koenig, P.C., Albany, NY, for Plaintiff-Appellant.

Andrea Oser, Assistant Solicitor General, Office of the Attorney General of the State of New York (Eliot Spitzer, Attorney General, Daniel Smirlock, Deputy Solicitor General, on the brief), Albany, NY, for Defendants-Appellees.

Before: JACOBS and POOLER, Circuit Judges, and GLEESON, District Judge.

District Judge GLEESON, concurs in result and files a separate opinion.

JACOBS, Circuit Judge.

Joanne Pollara appeals from a final judgment entered in the United States District Court for the Northern District of New York (Hurd, J.) dismissing her suit, under the Visual Artists Rights Act ("VARA" or the "Act"), 17 U.S.C. § 101 et seq., alleging that defendant Thomas E. Casey unlawfully damaged and destroyed a work of art that she created...

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