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IN RE ISBELL RECORDS, INC.

No. 09-40343.

586 F.3d 334 (2009)

In the Matter of: ISBELL RECORDS, INC., Debtor. Alvertis Isbell, doing business as Alvert Music, Plaintiff-Appellant, v. DM Records, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 22, 2009.

Attorney(s) appearing for the Case

Richard Steven Busch (argued), King & Ballow, Nashville, TN, William S. Helfand, Kevin D. Jewell, Chamberlain, Hrdlicka, White, Williams & Martin, Houston, TX, for Plaintiff-Appellant.

Karl M. Braun, Hall, Booth, Smith & Slover, P.C., Nashville, TN, Renee Forinash McElhaney, Ellen B. Mitchell (argued), Cox, Smith, Matthews, San Antonio, TX, Jay M. Vogelson, Stutzman, Bromberg, Esserman & Plifka, Dallas, TX, for Defendant-Appellee.

Before HIGGINBOTHAM and STEWART, Circuit Judges, and ENGELHARDT, District Judge.

ENGELHARDT, District Judge:

Alvert Music appeals the district court's dismissal of its complaint for copyright infringement against DM Records, Inc. (DM Records). The district court held that Alvert Music lacked standing and found that allowing Bridgeport Music, Inc. (Bridgeport) to join the action would not be justified. Because we hold that Alvert Music had standing to sue, we reverse the dismissal and remand for further...

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