TOPOLOS v. CALDEWEY

No. 80-4443.

698 F.2d 991 (1983)

Michael J. TOPOLOS, Plaintiff-Appellant, v. Jeffrey CALDEWEY, an individual dba Vintage Image, Robert Titus, Richard Paul Hinkle, an individual and Does I through M, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 8, 1983.


Attorney(s) appearing for the Case

John M. Tomberlin, Santa Rosa, Cal., for plaintiff-appellant.

Ronald T.L. Young, Coombs & Dunlap, Napa, Cal., for defendants-appellees.

Before FLETCHER, POOLE and CANBY, Circuit Judges.


POOLE, Circuit Judge:

Appellant Michael J. Topolos, the co-author1 of a book on Napa Valley wineries, appeals the district court's dismissal of his action against Jeffrey Caldewey, Robert Titus and Richard Paul Hinkle for copyright infringement, unfair competition and breach of contract. The district court dismissed the action for lack of subject matter jurisdiction, finding that although Topolos' claim was framed as one for copyright...

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