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MURRAY HILL PUBS. v. TWENTIETH CENTURY FOX

Nos. 01-2668/2721.

361 F.3d 312 (2004)

MURRAY HILL PUBLICATIONS, INC., Plaintiff-Appellee/Cross-Appellant, v. TWENTIETH CENTURY FOX FILM CORPORATION, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 19, 2004.

Attorney(s) appearing for the Case

Louis P. Petrich (argued and briefed), Leopold, Petrich & Smith, Los Angeles, California,Maria N. Bernier, Gregory B. Jordan (briefed), Reed & Smith, Pittsburgh, Pennsylvania, Laurie J. Michelson, J. Michael Huget (briefed), Butzel Long, Ann Arbor, Michigan, for Appellant.

Mayer Morganroth (argued and briefed), Jeffrey B. Morganroth, Jason R. Hirsch (briefed), Morganroth & Morganroth, Southfield, Michigan, for Appellee.

Before: BOGGS, Chief Judge; SILER, Circuit Judge; and RICE, District Judge.

OPINION

BOGGS, Chief Judge.

Twentieth Century Fox Film Corporation ("Fox") appeals following a jury verdict in favor of plaintiff, Murray Hill Publications, Inc. ("Murray Hill"), in its action for copyright infringement. During the creation of the movie "Jingle All The Way" ("JATW"), Fox received from Murray Hill a submission of the screenplay for "Could This Be Christmas" ("CTBC"). After the theatrical release...

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