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Last Updated: Saturday, 18 October, 2003, 21:52 GMT 22:52 UK
Eminem judge raps out dismissal
Eminem's alleged childhood bully lost the battle
A US judge has handed down an unprecedented rhyming "diss" in court to a man who claimed rapper Eminem's lyrics defamed him.

According to The Macomb Daily in Michigan, Judge Deborah Servitto told DeAngelo Bailey: "Mr Bailey complains that his rap is trash,/so he's seeking compensation in the form of cash./

"Bailey thinks he's entitled to some monetary gain,/ because Eminem used his name in vain./ The lyrics are stories no one would take as fact,/ they're an exaggeration of a childish act./

"It is therefore this court's ultimate position,/ that Eminem is entitled to summary disposition."

Marshall Mathers III, 31, better known as Eminem, accused Mr Bailey of assaulting him whilst at school on his 1999 album, The Slim Shady LP.

Eminem's lyrics from the track Brain Damage allege: "Way before my baby daughter Hailey, I was harassed daily by this fat kid named D'Angelo Bailey...

"He banged my head against the urinal till he broke my nose, soaked my clothes in blood, grabbed me and choked my throat."

Anger management

Mr Bailey filed a lawsuit against the artist, seeking $1m for damage to his reputation. He maintained that he only "bumped into" Mr Mathers, while his circle of friends used to "do bully-type things" to Mr Mathers.

He denied the assault as it is portrayed in the song.

In a failed case in 1982, Mr Mathers' mother, Debbie, attempted to sue Roseville Community Schools for an alleged attack on her son, naming Mr Bailey in court documents.

Mr Bailey's attorney, Byron Nolen, expressed surprise at Saturday's 13-page ruling, which featured the rap as a footnote.

"I don't know how the Court of Appeals would look at something like that," he said.

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