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Posted by Robert
Rap News Network
8/18/2003 10:38:17 PM

Tags and topics realted to this article include Eminem.

MOUNT CLEMENS, Mich. - Lawyers for Eminem (news - web sites) asked a judge to dismiss a lawsuit alleging that the hip-hop superstar slandered a former schoolmate in one of his songs.

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Macomb County Circuit Judge Deborah Servitto said Monday that she would read arguments submitted by both sides before deciding how to proceed with the suit filed in 2001 by DeAngelo Bailey.

Attorneys said they expected Servitto to rule within several weeks, according to reports in Tuesday's Detroit Free Press and The Macomb Daily.

Bailey, 32, a sanitation worker, seeks $1 million from Eminem, 30, whose real name is Marshall Mathers III. Both attended Dort Elementary School in Roseville.

Bailey alleged he was slandered in "Brain Damage," a song included on Eminem's 1999 CD titled "The Slim Shady LP."

The lyrics of that song include: "I was harassed daily by this fat kid named DeAngelo Bailey. An eighth-grader who acted obnoxious, 'cause his father boxes. So every day he'd shove me into the lockers."

Bailey's lawyer, Byron Nolen, denied during Monday's hearing that his client assaulted Eminem.

"When asked if he's ever even touched Mr. Mathers, he (Bailey) has said, `Well I'm sure I bumped into him' at the school," Nolen said.

Eminem's lawyer, Peter Peacock, said he has police and hospital records that substantiate the rapper's claim he was assaulted.

"At first he (Bailey) seems to be ecstatic that his name's in a CD that's distributed all over the country. He's telling all his friends about it," Peacock said. "Then somewhere it seems he gets the idea he could make some money out of this, and he decides to sue."


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