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PROMOTIONS v. BURG'S LOUNGE

April 27, 1998

JOE HAND PROMOTIONS, Plaintiff,
v.
BURG'S LOUNGE, ET. AL., Defendants.



The opinion of the court was delivered by: JOYNER

MEMORANDUM

 JOYNER, J.

 APRIL 27, 1998

 On September 9, 1996, Plaintiff, Joe Hand Promotions, filed a complaint against numerous defendants alleging violations of 47 U.S.C. § 605 in connection with the broadcast of the August 19, 1995, World Heavyweight Championship bout between Mike Tyson and Peter McNeeley, which included undercard bouts as well as the Tyson/McNeeley bout. Plaintiff filed an amended complaint on September 15, 1997, adding a count for violation of 47 U.S.C. § 553. During the course of the proceedings, default judgment was entered against many of the defendants and other defendants settled and stipulated to consent judgments. However, two defendants, Nicky D's and Nick DeGregorio, proceeded to trial on October 9, 1997. *fn1" Following the trial on October 9, 1997, and plaintiff's proposed findings of fact and conclusions of law, the Court makes the following:

 FINDINGS OF FACT

 1. Plaintiff, Joe Hand Promotions, is a corporation organized under the laws of Pennsylvania with its principal place of business at 407 E. Pennsylvania Blvd., Feasterville, PA 19053 and is in the business of selling and distributing sports programming to commercial establishments. (Pl.'s Complaint P 1 and Pl.'s Findings of Fact).

 2. Defendant, Nicky D's, is a business entity having its principal place of business at 3050 Frankford Avenue, Philadelphia, Pennsylvania, and Defendant, Nick DeGregorio, is a principal of Nicky D's. (Pl.'s Amended Compl. at PP 7 & 8).

 3. Plaintiff had an exclusive grant of rights by Don King Productions/Kingvision to exhibit the August 19, 1995, World Heavyweight Championship bout between Mike Tyson and Peter McNeeley to commercial establishments in a territory that encompassed the state of Pennsylvania. This Pay-Per-View Event (the "Event") also included undercard bouts including the Gonzalez/Murphy fight. Id. at P 10.

 4. The Event was to be broadcast via closed circuit television and via encrypted satellite signal. The Event originated via satellite uplink from Las Vegas, Nevada and was subsequently retransmitted to cable systems and satellite companies via satellite signal. Id.

 5. Commercial establishments can legally obtain permission to receive and exhibit the programming through use of cable television or a satellite dish by paying the required subscription fees. (Pl.'s Findings of Fact at p. 3; testimony of Joe Hand).

 6. Plaintiff hired James Griffies, Jr., a private investigator, to police the Philadelphia market on August 19, 1995, the night of the Tyson/McNeeley bout, to ensure that commercial establishments who had not paid the required subscription fee were not receiving and exhibiting the Event. Id. at 1 & 4; Affidavit of James Griffies, Jr.).

 7. On August 19, 1995, Mr. Griffies was a patron of Nicky D's. Id.

 8. While at Nicky D's on August 19, 1995, Mr. Griffies viewed a segment of the Gonzalez/Murphy undercard bout which was part ...


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