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EVERLY v. EVERLY

No. 19-5150.

958 F.3d 442 (2020)

Isaac Donald EVERLY, Plaintiff-Appellee, v. Patrice Y. EVERLY; Phillip J. Everly; Christopher Everly; Phillip Everly Family Trust; Everly and Sons Music, (BMI), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 4, 2020.

Attorney(s) appearing for the Case

ARGUED: William Parsons , SHACKELFORD BOWEN MCKINLEY & NORTON LLP, Nashville, Tennessee, for Appellants. Joshua Counts Cumby , ADAMS & REESE LLP, Nashville, Tennessee, for Appellee. ON BRIEF: Jay S. Bowen , Lauren Spahn , SHACKELFORD BOWEN MCKINLEY & NORTON LLP, Nashville, Tennessee, for Appellants. Joshua Counts Cumby , Philip M. Kirkpatrick , Linda Frances Howard , ADAMS & REESE LLP, Nashville, Tennessee, for Appellee. Andrew Grimm , DIGITAL JUSTICE FOUNDATION, Omaha, Nebraska, for Amicus Curiae.

BUSH, J., delivered the opinion of the court in which MURPHY, J., joined. MURPHY, J. (pp. 459-68), delivered a separate concurring opinion. GUY, J. (pp. 468-70), delivered a separate dissenting opinion.

OPINION

The Everly Brothers are one of the most famous duos in popular American music history. When Dick Clark introduced them to sing Cathy's Clown on his American Bandstand television show, he said the song "has a sound all its own"— one he called...

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