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First the copyright infringement case over the use of Abbott and Costello's “Who's on First” routine in a Broadway play was dismissed by a New York federal judge. Then it rounded the U.S. Court of Appeals for the Second Circuit, but was tagged out again. Now, in its third at bat, the lawsuit struck out with the U.S. Supreme Court declining to review the case.
The High Court denied the plaintiffs TCA Television Corp., Hi Neighbor and Diana Abbott Colton's petition for a writ of certiorari, which claimed that the U.S. Court of Appeals for the Second Circuit was wrong to uphold the dismissal of the case against the creators of the play Hand to God.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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