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Ocasek v. Hegglund

United States District Court for the District of Wyoming

116 F.R.D. 154 (1987)

Facts

Investigators from the American Society of Composers, Authors and Publishers (ASCAP) heard five musical compositions belonging to their members performed in the defendant’s establishment. Following ASCAP procedure, the investigators submitted a report to their regional director, who in turn submitted it to the ASCAP national director. Once ASCAP confirmed that the defendant was not licensed to perform such musical compositions, ASCAP initiated suit against the defendant for infringement on behalf of its members (plaintiffs). The defendant served notice on the members that she intended to take their depositions in Cheyenne, Wyoming. Despite the members’ objection to the taking of depositions and their request for a protective order, the magistrate issued an order granting the defendant’s motion to compel depositions. The members appealed.

Rule of Law

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Issue

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Holding and Reasoning (Brimmer, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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