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CMS SOFTWARE DESIGN SYSTEMS v. INFO DESIGNS, INC.

No. 85-1044.

785 F.2d 1246 (1986)

CMS SOFTWARE DESIGN SYSTEMS, INC. and Charles M. Stuart, Plaintiffs-Appellants, v. INFO DESIGNS, INC., a Michigan corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 28, 1986.

Attorney(s) appearing for the Case

Robert W. Turner, Hubbard, Thurman, Turner & Tucker, Richard Kirk Cannon, Dallas, Tex., for plaintiffs-appellants.

Michael A. O'Neil, Gardere & Wynne, Herbert J. Hammond, Dallas, Tex., for defendant-appellee.

Before POLITZ, HIGGINBOTHAM and JONES, Circuit Judges.

EDITH HOLLAN JONES, Circuit Judge:

Based on Federal Rule Civil of Procedure 41(b), the trial court involuntarily dismissed this copyright infringement action brought by CMS Software Design Systems, Inc., a corporation founded to produce and market computer software by Charles M. Stuart. The trial court acted too hastily, and we must REVERSE and REMAND.

CMS was formed in 1980 and secured copyrights covering accounts payable, accounts receivable, and general...

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