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Argued: February 28, 2001

Appeal from an opinion and order of the United States District Court for the Southern District of New York (John F. Keenan, Judge) granting Defendant-Appellee-Cross-Appellant First American Real Estate Solutions’s motion for reconsideration and dismissing Plaintiff-Appellant-Cross-Appellee County of Suffolk’s complaint in its entirety for failure to state a claim upon which relief could be granted. The District Court concluded that, under New York State’s Freedom of Information Law, First American may freely copy and distribute Suffolk County’s official tax maps and that Suffolk County may not prevent First American from doing so on the basis of its copyrights.

We hold that New York State’s Freedom of Information Law does not abrogate Suffolk County’s copyrights in its official tax maps and find that it is possible for Suffolk County to comply with its obligations under the Freedom of Information Law while preserving its rights under the Copyright Act. We therefore vacate the judgment below and remand for further proceedings. We also dismiss as moot First American’s cross-appeal asserting that the District Court abused its discretion in refusing to award it costs and attorneys’ fees, pursuant to 17 U.S.C. � 505.

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