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BROKERS' CHOICE OF AMERICA v. NBC UNIVERSAL, INC.

No. 11-1042.

757 F.3d 1125 (2014)

BROKERS' CHOICE OF AMERICA, INC.; Tyrone M. Clark, Plaintiffs-Appellants, v. NBC UNIVERSAL, INC.; General Electric Co.; Chris Hansen; Steven Fox Eckert; Marie Theresa Amorebieta, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 9, 2014.

Attorney(s) appearing for the Case

John J. Walsh of Carter Ledyard & Milburn LLP, New York, N.Y., ( Thomas E. Downey, Jr. of Downey & Murray, LLC, Englewood, CO, with him on the brief), for Plaintiffs-Appellants.

Thomas B. Kelly of Levine Sullivan Koch & Schulz, LLP., Denver, CO, ( Hilary C. Lane of NBC Universal, Inc., New York, N.Y.; Gayle C. Sproul , of Levine Sullivan Koch & Schulz, LLP, Philadelphia, PA, with him on the brief), for Defendants-Appellees.

Before BRISCOE, Chief Circuit Judge, McKAY, and O'BRIEN, Circuit Judges.

O'BRIEN, Circuit Judge.

Tyrone M. Clark and his company, Brokers' Choice of America, (jointly, BCA) sued NBC Universal, Inc. (NBC) and some of its employees (collectively Dateline),1 after it aired a Dateline2 segment titled "Tricks of the Trade." The aired segment featured snippets of Clark taken from one of his two-day seminars for insurance brokers at "Annuity University" located on BCA's property...

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