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entertained, usually on a no fee basis, at local hospitals,
senior citizen facilities, etc. Malone Music’s primary activity,
however, involves providing music lessons to students drawn
usually from the ranks of the Malone children’s friends,
neighbors, or classmates. H and R are Malone Music’s only music
instructors, and together they provide all of the musical
instrument lessons. On a more limited basis, Malone Music also
offers instructions in music theory taught by B. H primarily
teaches piano and harp; R primarily teaches violin. H and R also
conduct the Melody Makers summer music camp. According to
petitioner, a “fair description of the teaching services”
typically offered by Malone Music includes piano lessons offered
by H and/or violin lessons provided by R. Substantially all, if
not all, of the music lessons provided by H and R through Malone
Music take place in designated rooms in petitioners’ residence.
In 1998, H became seriously ill and was unable to devote
significant time to Malone Music until mid-1999. According to
petitioner, H’s medical problems restricted Malone Music’s
potential “to take off faster and further”.
Susan Groves (Ms. Groves) is a piano teacher. As of the
date of trial, she had been giving lessons for almost 20 years.
She taught piano to several of the Malone children over the
years, but, prior to the trial in this case, she had never heard
of the name “Malone Music”. Ms. Groves spoke to petitioners and
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Last modified: May 25, 2011