Court of Appeals for the Second Circuit October 6, 2005, 91 (United States of America, Music Choice, Movant-Appellant v. Broadcast Music, Inc., Docket No. 04-3444-Cv)

B.D. PARKER, JR., Circuit Judge.

introduction

This appeal arises from a decision of the United States District Court for the Southern District of New York (Stanton, /.), acting under the Broadcast Music, Inc. (“BMI”) Consent Decree,

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to set a rate for Music Choice’s licensing of BMI’s music.