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ANTA v. AMERICAN NAT. THEATRE, INC.

Docket No. 07-0477-cv.

535 F.3d 123 (2008)

The AMERICAN NATIONAL THEATRE AND ACADEMY, Plaintiff-Appellant, v. The AMERICAN NATIONAL THEATRE INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 24, 2008.

Attorney(s) appearing for the Case

Eric J. Shimanoff, Cowan, Liebowitz & Latman, P.C., New York, NY, for Plaintiff-Appellant.

Claudia Ray (Matthew Dineen, Melanie Bradley, Alexander Fong & Kendall Burr, on the brief), O'Melveny & Myers LLP, New York, NY, for Defendant-Appellee.

Before: CALABRESI and B.D. PARKER, Circuit Judges, and GOLDBERG, Judge.

PER CURIAM:

The American National Theater & Academy ("ANTA") is a non-profit organization, incorporated by an act of Congress in 1935. Pub.L. No. 74-199, 49 Stat. 457 (1935) (codified as amended at 36 U.S.C. § 21901 et seq.). Section 5 of this Act granted ANTA "the sole and exclusive right to have and to use in carrying out its purposes the name `The American National Theater and Academy.'" As currently codified, ANTA's grant provides: "The corporation...

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