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Suit tramps over ‘Lady’

Plaintiffs say TBS originally passed on idea

What a drag!

TBS and producer Evolution Film & Tape are being sued for $3 million by non-pros John Phillips and Derek Gerard, who say producers stole their idea for a cross-dressing reality show.

According to the suit filed last week , the original concept behind “He’s a Lady,” for which plaintiffs have a copyright, is partially based on Phillips’ experience as an “all-American” athlete who later in life decided to undergo a sex change.

Plaintiffs’ agent pitched the idea — male contestants who believe they are in a competition to become an “All-American Man” but are actually made to look and act like women and compete for a monetary prize — to several webs, including TBS, which all passed. Project later resurfaced at the cabler without Phillips or Gerard attached.

Unlike other copycat lawsuits starring reality TV, however, this one might have bite: Plaintiffs’ shared their agent — former ICM television tenpercenter Cal Boyington — with Evolution, the seasoned reality guys that got the gig.

TBS and Evolution declined to comment, saying they had not yet seen the lawsuit.

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