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JOE HAND PROMOTIONS v. SPORTS PAGE CAFE

August 15, 1996

JOE HAND PROMOTIONS, Plaintiff,
v.
SPORTS PAGE CAFE, INC., d/b/a SPORTS PAGE CAFE, THOMAS RUSSO, JOSEPH V. MAIO, 40 3rd STREET CORP., d/b/a LAJAS NIGHT CLUB, LAS MARVALILLAS, INC., d/b/a LAS MARAVILLAS, INC., MANUEL RODRIGUEZ, BEERBALL, INC., d/b/a DOMYON'S COURTSIDE PUB, RICHARD L. RUBERTO, QUINONES, INC., d/b/a HECTOR'S SPORTS BAR, HECTOR QUINONES, UNITED PUERTO RICAN COUNCIL, d/b/a UNITED PUERTO RICAN COUNCIL, VIRGINIA MARTINEZ, FRANCES VELAZGUEZ, and FILOMENA APONTE, Defendants; UNITED PUERTO RICAN COUNCIL d/b/a UNITED PUERTO RICAN COUNCIL, Counter-claimant.



The opinion of the court was delivered by: POLITAN

 Deserving of lengthy, unusual comment.

 Sanctions are sought in various forms

 For alleged violations of discovery norms.

 Defendants *fn1" are asking that this Court now impose

 Sanctions on plaintiff who failed to disclose

 Materials they say are vital to their case,

 If plaintiff's claims they must eventually face.

 The matter arises from the alleged display

 Of a boxing match, which plaintiff does say

 The defendants screened while not bothering to pay,

 Which they oughtn't to do, but they did anyway.

 The genesis happened on an April night *fn2"

 When plaintiff promoted a boxing fight

 For paying subscribers to watch on T.V.

 The bout was between Messrs. Holmes and McCall

 Whose pugilistic talents are well-known to all.

 The match evoked international attention

 But the outcome herein shall go without mention.

 Defendants allegedly exhibited the match

 In their respective taverns for their patrons to catch.

 Plaintiff's complaint is based on that section

 Installed in the Code for easy inspection

 Which forbids such transmissions, recorded or live:

 47 U.S.C. Section 605. *fn3"

 Plaintiff, the promoter, is asserting his right

 To receive compensation for transmitting the fight.

 On the night in question plaintiff sent out

 Detectives to find who was showing the bout

 Without paying for the privilege as they properly ought

 In the vain expectation that they wouldn't be caught.

 Investigator Mesis was among the hired legions

 Who searched for non-payers in several regions. *fn4" ...


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