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ZUILL v. SHANAHAN

No. 93-56217.

80 F.3d 1366 (1996)

Paul ZUILL; Lou Rossi, Plaintiffs-Appellants, v. John SHANAHAN, an Individual; John Herlihy, an Individual; Gateway Educational Products, Ltd., a California Corporation, et al.; HMS Publishing Co., Ltd., a Business Entity of Unknown Form; Shanahan Publishing Company, a Business Entity of Unknown Form; Hooked On Phonics, a California Corporation; Hooked On Math, a California Corporation; The Reading Revolution, a California Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 10, 1996.

As Amended June 14, 1996.

Attorney(s) appearing for the Case

Michael Q. Eagan, Law Offices of Michael Q. Eagan, San Francisco, California, for defendant-appellee Shanahan.

Scott R. Miller, Riordan & McKinzie, Gina M. Calvelli, Los Angeles, California, for defendants-appellees Herlihy et al.

Cameron M. Jolly and G. David Tenenbaum (on the briefs), David A. Weinfeld (argued), Weinfeld & Mixon, Costa Mesa, California, for plaintiffs-appellants.

Before SCHROEDER and KLEINFELD, Circuit Judges, and KING, District Judge.

KLEINFELD, Circuit Judge:

This case turns on construction of the copyright statute of limitations, 17 U.S.C. § 507(b), as applied to claims of co-ownership. There is also an issue of costs.

FACTS

Mr. Shanahan came up with the idea which eventually became "Hooked on Phonics." This is a program, which includes audio tapes and flash cards, to assist children in learning how to read. Mr. Shanahan created what became Hooked on Phonics by setting...

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