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KWAN v. SCHLEIN

Docket No. 09-5205-cv.

634 F.3d 224 (2011)

Shirley Y. KWAN, Plaintiff-Counter-Defendant-Appellant, v. Alan M. SCHLEIN, Business Resource Bureau, Inc., Defendants-Counter-Claimants-Appellees, Facts on Demand Press, Michael Sankey, BRB Publications, Jane/John Doe, Carl R. Ernst, J.J. Newby, Schlein News Bureau, Peter J. Weber, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 25, 2011.

Attorney(s) appearing for the Case

Jeffrey Sonnabend , SonnabendLaw, Brooklyn, NY, for Plaintiff-Counter-Defendant-Appellant.

Lawrence D. Bernfeld , Graubard Miller , New York, NY, Scott Christopher Patton , McNamee, Lochnew, Titus & Williams, P.C., Albany, NY, for Defendants-Counter-Claimants-Appellees and Defendants-Appellees.

Before: KEARSE, POOLER, and WESLEY, Circuit Judges.

POOLER, Circuit Judge:

Appeal from two orders of the United States District Court for the Southern District of New York (Stein, J.). One order, entered on July 16, 2009, granted summary judgment on Appellant's claim for copyright infringement on the ground that the claim was time-barred. The other, entered on November 23, 2009, dismissed without prejudice Appellees' counterclaims. We hold that a time-barred ownership claim will bar a claim for copyright infringement...

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