GREENBERG v. NATIONAL GEOGRAPHIC SOC.

No. 05-16964.

533 F.3d 1244 (2008)

Jerry GREENBERG, individually, Plaintiff-Appellee, Idaz Greenberg, individually, Plaintiff, v. NATIONAL GEOGRAPHIC SOCIETY, a District of Columbia corporation, National Geographic Enterprises, Inc., a corporation, Mindscape, Inc., a California corporation, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 30, 2008.


Attorney(s) appearing for the Case

Kenneth Winston Starr, Christopher Landrau, Erin E. Morrow, Elizabeth M. Locke, Kirkland & Ellis, LLP, Washington, DC, Stephen N. Zack, Jennifer G. Altman, Boies, Schiller & Flexner, LLP, Miami, FL, Robert G. Sugarman, Weil, Gotshal & Manges, LLP, New York City, for Defendants-Appellants.

Norman Davis, Squire, Sanders & Dempsey, LLP, Miami, FL, for Plaintiff-Appellee.

Slade R. Metcalf, Hogan & Hartson, LLP, New York City, Arnold P. Lutzker, Lutzker & Lutzker, LLP, Washington, DC, William Andrew Pequignot, Kilpatrick Stockton, LLP, Atlanta, GA, for Amici Curiae.

Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, MARCUS, WILSON, PRYOR and KRAVITCH, Circuit Judges.


BARKETT, Circuit Judge:

Appellant National Geographic Society is a nonprofit scientific and educational organization that has published a monthly magazine since 1888.2 The Society also produces televised programs and computer software as well as other educational products through National Geographic Enterprises, a wholly-owned and for-profit subsidiary of the Society. Appellee Jerry Greenberg...

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