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NATIONAL MUSIC MUSEUM v. JOHNSON

No. 17-2399.

904 F.3d 598 (2018)

NATIONAL MUSIC MUSEUM: AMERICA'S SHRINE TO MUSIC, Plaintiff-Appellee v. Robert JOHNSON, Defendant, Larry Moss, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 14, 2018.

Attorney(s) appearing for the Case

Elizabeth Sayler Hertz , Mitchell Peterson , DAVENPORT & EVANS, Sioux Falls, SD, for Plaintiff-Appellee.

Randall J. Fishman , Attorney, Richard S. Townley , BALLIN & BALLIN, Memphis, TN, for Defendant-Appellant.

Before WOLLMAN, ARNOLD, and KELLY, Circuit Judges.

The subject matter of this lawsuit is a Martin D-35 guitar that Elvis Presley played during his final tour in 1977. He dropped the guitar during a show in St. Petersburg, Florida, and gave the damaged guitar to an audience member. Robert Johnson, a blues guitarist and memorabilia broker, purchased the guitar in 2007. He delivered...

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