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We would submit that it is not open to the Court of Appeal to rehear a case on grounds that have not been advanced in the court below.
Since music is essentially a temporal art, in live performance there is no chance for the listener to rehear a detail or part of a work.
Although it is still possible that the Solicitor General and the Justice Department may now ask the United States Supreme Court to rehear their case, that is last recourse they have left.
The duty of the Court is to rehear the case - to reconsider it on the basis of the materials before the trial judge.
While victims groups are pleased to see that avenues are available to them, they fear that having to effectively rehear some evidence in the Netherlands could add considerable time and cost to the process.
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