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U.S. v. AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS

Civ.A. No. 41-1395(WCC).

333 F.Supp.2d 215 (2004)

UNITED STATES of America, Plaintiff, v. AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, et al., Defendants. In the Matter of the Applications of MUZAK, LLC, et al. and DMX Music, Inc., et al., Applicants, For the Determination of Reasonable Licensing Fees.

United States District Court, S.D. New York.

September 3, 2004.

Attorney(s) appearing for the Case

White & Case LLP, Carol A. Witschel, I. Fred Koenigsberg, Stefan M. Mentzer, of Counsel, American Society of Composers, Authors and Publishers, New York City, Richard H. Reimer, of Counsel, for Defendant American Society of Composers, Authors and Publishers.

Weil, Gotshal & Manges LLP, R. Bruce Rich, Michael A. Rona, Jennifer B. Gutterman, of Counsel, New York City, for Applicants Muzak, LLC and DMX Music, Inc.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Applicants Muzak, LLC and DMX Music, Inc. (collectively "applicants") move for certification to appeal this Court's Opinions and Orders (the "Orders") in United States v. Am. Soc'y of Composers, Authors & Publishers (Applications of Muzak, LLC & DMX Music, Inc.), dated March 17, 2004 and July 2, 2004, and published respectively at 309 F.Supp.2d 566

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