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Posted by Robert
Rap News Network
10/17/2003 6:38:53 PM

Tags and topics realted to this article include Eminem.

A Macomb Circuit judge threw out a $1 million lawsuit Friday filed by Eminem's elementary school classmate against the rapper for defamation of character.

DeAngelo Bailey of Roseville sued the rapper, whose real name is Marshall Bruce Mathers III, in 2001, claiming his song "Brain Damage" depicted him in a false light. In the song, Eminem says Bailey beat him up regularly in elementary school.

Eminem asked Judge Deborah Servitto to dismiss the lawsuit, which she did.

In her written opinion, Servitto wrote a song saying Eminem's lyrics about Bailey posed no grounds for a lawsuit.

"The lyrics are stories no one would take as fact/ They're an exaggeration of a childish act," Servitto wrote in her 36-line rap. "Any reasonable person could clearly see/that the lyrics could only be hyperbole."

Bailey, a trash collector, is accused in Eminem's song of being a bully who shoved Eminem into school lockers and broke his nose on a bathroom urinal at school.

Eminem's lawyer, Peter Peacock, sought dismissal of the suit because he said the lyrics were true and that Bailey was an opportunist trying to cash in on the rapper's success.

Eminem's mother filed suit against the Roseville school district in 1982 over incidents between Bailey and Eminem at Dort Elementary School. The lawsuit was dismissed the following year because of governmental immunity.

Bailey said in court papers he never broke Eminem's nose or beat or choked him in the school bathroom, like the 1999 song on "The Slim Shady LP" says.

Bailey's attorney, Byron Nolen, said he was surprised Servitto wrote a rap to explain the case.

"I'm shocked that a judge would do that," Nolen said.

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