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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
(White Plains)



UNITED STATES OF AMERICA,

         Plaintiff,

                  v.

AMERICAN SOCIETY OF COMPOSERS,   
AUTHORS AND PUBLISHERS, et al.      

         Defendants.

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Civ. Action No. 41-1395
(relates to former Civ. Action No. 42-245)
(WCC)


NOTICE OF JOINT MOTION TO VACATE THE FINAL JUDGMENT
AND TO DISMISS THIS ACTION WITHOUT PREJUDICE

PLEASE TAKE NOTICE that the parties will move that the Court at the United States Courthouse, 300 Quarropas Street, White Plains, New York on September 5, 2000, as set forth in the accompanying motion and supporting papers, vacate the Final Judgment (as amended) (known as the "Foreign Decree") in this action and dismiss this action without prejudice.

By a simultaneously filed joint motion in United States v. American Society of Composers, Authors, and Publishers, Civ. Action No. 41-1395 (S.D.N.Y.), the parties are requesting that the Court enter the proposed Second Amended Final Judgment, which will replace the Amended Final Judgment in that action dated March 14, 1950 as modified and amended. The proposed Second Amended Final Judgment incorporates the substantive provisions of the Foreign Decree in this action and, by its own terms, vacates the Foreign Decree in this action upon the effective date of the Second Amended Final Judgment.

Respectfully submitted,

_______________________
Mary Beth McGee (MBM 8841)
Robert P. Faulkner
Attorneys for the United States
Antitrust Division
Department of Justice
601 D Street, N.W.
Room 10110
Washington, DC 20530
(202) 514-0385
____________________
I. Fred Koenigsberg (IFK 3259)
White & Case LLP
1155 Avenue of the Americas
New York, NY 10036-2787
(212) 819-8806

Richard H. Reimer, Esq. (RHR 7878)
ASCAP Building
One Lincoln Plaza
New York, NY 10023
(212) 621-6261

John H. Shenefield
Jonathan M. Rich (JMR 7796)
Phillip C. Zane
Morgan, Lewis & Bockius LLP
1800 M Street, N.W.
Washington, D.C. 20036
(202) 467-7433

Attorneys for American Society of
Composers, Authors and Publishers

Dated: September 1, 2000
Washington, DC