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HERB REED ENTERPRISES v. FLORIDA ENTMENT. MGMT.

No. 12-16868.

736 F.3d 1239 (2013)

HERB REED ENTERPRISES, LLC, a Massachusetts company, Plaintiff-counter-defendant-Appellee, v. FLORIDA ENTERTAINMENT MANAGEMENT, INC., a Nevada company; Larry Marshak, Defendants-counter-claimants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 2, 2013.

Attorney(s) appearing for the Case

Cameron Sean Reuber (argued) and Yuval H. Marcus , Leason Ellis LLP, White Plains, New York; Jacob A. Reynolds , Hutchison & Steffen, LLC, Las Vegas, NV, for Defendants-Appellants.

Eric Miller Sommers (argued), Sommers Law, PLLC, Portsmouth, New Hampshire; John Lund Krieger , Lewis and Roca LLP, Las Vegas, NV, for Plaintiff-Appellee.

Opinion by Judge MCKEOWN; Concurrence by Judge WALLACE.

OPINION

McKEOWN, Circuit Judge:

"The Platters" — the legendary name of one of the most successful vocal performing groups of the 1950s — lives on. With 40 singles on the Billboard Hot 100 List, the names of The Platters' hits ironically foreshadowed decades of litigation — "Great Pretender," "Smoke Gets In Your Eyes," "Only You," and "To Each His Own." Larry Marshak and his company Florida Entertainment Management, Inc. (collectively...

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