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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      

         Defendant.

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



STIPULATION AND ORDER

The undersigned counsel for the parties in this action hereby stipulate that the following order may be entered by the Court.

1. The Defendant will publish a notice in the form attached hereto as Exhibit 1 in: (a) two consecutive issues of the national edition of the Wall Street Journal; (b) two consecutive issues of Broadcasting & Cable; and (c) two consecutive issues of Billboard. The Defendant will file proof of such publication with the Court.

2. The United States will publish a notice in the Federal Register.

3. A proposed Order vacating the Final Judgment and dismissing this action in the form attached hereto may be filed and entered by the Court, upon the request of any party or by the Court sua sponte, at any time more than ninety (90) days after the last publication of the notices required by paragraphs 1 and 2 of this Stipulation and Order and without further notice to any party or other proceedings; provided, however, that the Plaintiff has not withdrawn its consent -- which it may do at any time before entry of the Order -- by filing notice of the withdrawal of its consent with the Court and serving notice upon the Defendant.

4. In the event the Plaintiff withdraws its consent, or if the proposed Order is not entered pursuant to this Stipulation and Order, this Stipulation and Order shall have no effect, the making of it shall be without prejudice to any party in this or any other proceeding, and it shall not thereafter be used in this or any other action, or for any other purposes.

5. Stipulation dated: September 1, 2000.

FOR THE UNITED STATES




_____________________
John M. Nannes (JMN 4148)
Deputy Assistant Attorney General
Antitrust Division



______________________
Mary Jean Moltenbrey (MJM 4814)
Director of Civil Non-Merger Enforcement
Antitrust Division



_______________________
Mary Beth McGee (MBM 8841)
Robert P. Faulkner
Trial Attorneys
Antitrust Division
Department of Justice
601 D Street, N.W.
Room 10110
Washington, DC 20530
(202) 514-0385

IT IS SO ORDERED


Dated: _________, 2000
FOR AMERICAN SOCIETY FOR
COMPOSERS, AUTHORS AND
PUBLISHERS


____________________
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








______________________
Honorable William C. Conner
United States District Judge