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Joe Patten, 83, known as the "Phantom of the Fox", who has lived above the historic Fox Theatre in Atlanta for the past 31 years, stands in his living room Tuesday, Oct. 12, 2010 in Atlanta.  Patten recently sued the Fox board in an attempt to remain living above the venue.  In August, the board voted to break Patten's 1979 lease, which allowed him to live in the 3,640-square-foot apartment for the rest of his life.   (AP Photo/Rich Addicks)
Photo by: Rich Addicks
Joe Patten, 83, known as the "Phantom of the Fox", who has lived above the historic Fox Theatre in Atlanta for the past 31 years, stands in his living room Tuesday, Oct. 12, 2010 in Atlanta. Patten recently sued the Fox board in an attempt to remain living above the venue. In August, the board voted to break Patten's 1979 lease, which allowed him to live in the 3,640-square-foot apartment for the rest of his life. (AP Photo/Rich Addicks)

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