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FOGERTY v. MGM GROUP HOLDINGS CORP., INC.

Nos. 03-5498, 03-5874.

379 F.3d 348 (2004)

Frank P. FOGERTY and Nathan Crow, Plaintiffs-Appellants, v. MGM GROUP HOLDINGS CORP., INC., d/b/a MGM Universal Music Group, Inc., Universal Studios, Inc., and EON Productions, Ltd., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 3, 2004.

Attorney(s) appearing for the Case

W. Gary Blackburn (argued and briefed), Blackburn & McCune, Nashville, TN, Adam Siegler (argued and briefed), The Siegler Law Group, Beverly Hills, California, for Plaintiffs-Appellants.

Timothy L. Warnock (argued and briefed), Jay S. Bowen (briefed), Bowen, Riley, Warnock & Jacobson, Nashville, TN, for Defendants-Appellees.

Before MARTIN and SUTTON, Circuit Judges; HOLSCHUH, District Judge.

OPINION

SUTTON, Circuit Judge.

Plaintiffs Frank P. Fogerty and Nathan Crow appeal the district court's order granting summary judgment and awarding attorneys' fees to defendants (collectively, "MGM") in this copyright infringement case. As we agree with the district court that plaintiffs have not presented a sustainable theory of relief, we affirm that ruling. As we disagree with the district court's award of attorneys' fees, we reverse that ruling.

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