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BRUMLEY v. ALBERT E. BRUMLEY & SONS, INC.

No. 12-5386.

727 F.3d 574 (2013)

Jackson S. BRUMLEY; Albert E. Brumley, Jr.; Thomas R. Brumley; Billy J. Pockrus; W.J. Brumley; Kristi Brumley Laxton; Mark Brumley; Keri Brumley Pilcher; Plaintiffs-Appellees, v. ALBERT E. BRUMLEY & SONS, INC.; Integrated Copyright Group, Inc.; Robert B. Brumley, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 15, 2013.

Attorney(s) appearing for the Case

ARGUED: Barry I. Slotnick , Loeb & Loeb LLP, New York, New York, for Appellants. Jennifer A. Lawson , Lawson Law Office, PLLC, Nashville, Tennessee, for Appellees. ON BRIEF: Barry I. Slotnick , Jonathan N. Strauss , Loeb & Loeb LLP, New York, New York, for Appellants. Jennifer A. Lawson , Lawson Law Office, PLLC, Nashville, Tennessee, for Appellees.

Before: KEITH, MARTIN, and COLE, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

"Some glad morning when this life is o'er/I'll fly away/To a home on God's celestial shore/I'll fly away" — these are the opening lines of Albert Brumley, Sr.'s hit gospel song, "I'll Fly Away." Unfortunately, Brumley Sr.'s death would lead to a familial dispute concerning ownership of the Song's copyright.

In 1975, Brumley Sr. assigned his interests in the Song's copyright to his sons Robert and...

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