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The Everly Brothers It is one of the Everly Brothers signature songs and its authorship has been a point of contention for decades. A Tennessee federal judge has sided with Don Everly in his long battle with his late brother Phil s family over who owns the rights to the Everly Brothers classic Cathy s Clown. U.S. District Judge Aleta A. Trauger for the Middle District of Tennessee ruled on May 5 that Don expressly repudiated his brother Phil s authorship of the song prior to June 1980, three years before the defendants filed their Counterclaim. As a result of which, the Counterclaim is time-barred, and the defendants are legally estopped from claiming that Phil Everly, who died in 2014, was a co-author of Cathy s Clown. ....