USCOA,2 No. 169
Capitol Records, Inc.,
Appellant,
v.
Naxos America, Inc.,
Respondent.

2004 NY Int. 113

August 31, 2004

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

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Certification of question by the United States Court of Appeals for the Second Circuit, pursuant to section 500.17 of this Court's Rules of Practice, accepted and the issues presented are to be considered after briefing and argument. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.

Decided August 31, 2004