Legal Opinion
College Entrance Examination Board v. Cuomo
District Court, N.D. New York
Decided March 23, 1992No. 5:90-cv-00437PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
McCURN, Chief Judge.
INTRODUCTION
Plaintiff, Graduate Management Admission Council (“GMAC”), moves pursuant to Fed.R.Civ.P. 65 for a preliminary injunction enjoining defendants (collectively referred to as “the State”) from enforcing New York Education Law sections 341 and 342 (“Standardized Testing Act” or “STA") against GMAC of in connection with tests or related material which GMAC develops, sponsors or administers. As a basis for this motion, GMAC contends that the STA conflicts with, and is therefore preempted by, the Federal Copyright Act (“Act”) of 1976. In…
2Cases cited30 opinions
- Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
- Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
- Jackson Dairy, Inc. v. H. P. Hood & Sons, Inc.Court of Appeals for the Second Circuit · 1979
- Sony Corp. of America v. Universal City Studios, Inc.Supreme Court of the United States · 1984
- Checker Motors Corporation v. Chrysler Corporation and Chrysler Motors Corporation, Checker Taxi Company, Inc., Additional on CounterclaimCourt of Appeals for the Second Circuit · 1969
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3Cited by4 opinions
- Religious Technology Center v. Netcom On-Line Communication Services, Inc.District Court, N.D. California · 1995
- Kekis v. Blue Cross & Blue Shield of Utica-Watertown, Inc.District Court, N.D. New York · 1993
- College Entrance Examination Board v. PatakiDistrict Court, N.D. New York · 1995
- Whether Government Reproduction of Copyrighted Materials is a Noninfringing "Fair Use", Department of Justice Office of Legal Counsel1999