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BROADCAST MUSIC, INC. v. ROGER MILLER MUSIC, INC.

No. 02-5766.

396 F.3d 762 (2005)

BROADCAST MUSIC, INC., Plaintiff, v. ROGER MILLER MUSIC, INC., Defendant-Appellant, Shannon Miller Turner, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 28, 2005.

Rehearing Denied April 1, 2005.

Attorney(s) appearing for the Case

ARGUED: Walter Robert Thompson, Nashville, Tennessee, for Appellant. Jay S. Bowen, Bowen, Riley, Warnock & Jacobson, Nashville, Tennessee, for Appellee. ON BRIEF: Walter Robert Thompson, Nashville, Tennessee, John J. Griffin, Jr., Kay, Griffin, Enkema & Brothers, Nashville, Tennessee, for Appellant. Jay S. Bowen, Amy C. Martin, Bowen, Riley, Warnock & Jacobson, Nashville, Tennessee, for Appellee. John C. Beiter, Robert L. Sullivan, Loeb & Loeb, Nashville, Tennessee, for Amici Curiae.

Before: SILER, DAUGHTREY, and GIBBONS, Circuit Judges.

Rehearing En Banc Denied April 1, 2005.

GIBBONS, J., delivered the opinion of the court, in which SILER, J., joined. DAUGHTREY, J. (pp. 783-84), delivered a separate dissenting opinion.

OPINION

GIBBONS, Circuit Judge.

Plaintiff Broadcast Music Inc. ("BMI") filed this interpleader action to determine what portion of the interpleaded funds it is required to pay to defendant-appellee Shannon Miller Turner and defendant-appellant Roger Miller...

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