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ORIGINAL APPALACHIAN ARTWORKS v. S. DIAMOND ASSOC.

No. 89-8368.

911 F.2d 1548 (1990)

ORIGINAL APPALACHIAN ARTWORKS, INC., a Georgia Corporation, Plaintiff-Counterclaim defendant-Appellee, v. S. DIAMOND ASSOCIATES, INC., an Illinois Corporation, Defendant-Counterclaim plaintiff-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 18, 1990.

Attorney(s) appearing for the Case

Kenneth L. Shigley, Earl J. VanGerpen, Deborah Lorraine Morgan, VanGerpen, Shigley & Hoffman, Marietta, Ga., Martin L. Stern, Charles A. Laff, Lawrence R. Robins, Laff, Whitesel, Conte & Saret, Chicago, Ill., for defendant-counterclaim plaintiff-appellant.

E. Kendrick Smith, John L. Latham, Robert W. Beynart, Thomas M. Barton, Smith, Gambrell & Russell, Atlanta, Ga., for plaintiff-counterclaim defendant-appellee.

Before TJOFLAT, Chief Judge, TUTTLE, and RONEY, Senior Circuit Judges.

TJOFLAT, Chief Judge:

The defendant in this declaratory judgment action appeals the district court's grant of summary judgment for the plaintiff. The defendant, an exclusive licensee of the plaintiff's, contends that the district court erred in holding that the defendant had no right to a proportion of the plaintiff's settlement in a lawsuit against a third party for copyright infringement. We agree with the defendant. Accordingly...

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