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BENJAMIN CAPITAL INVESTORS v. COSSEY

9102-01062; CA A73669.

867 P.2d 1388 (1994)

126 Or. App. 135

BENJAMIN CAPITAL INVESTORS, a California limited partnership, Plaintiff, and Now Software, Incorporated, an Oregon corporation, Appellant, v. George COSSEY, Respondent, v. BENJAMIN CAPITAL INVESTORS, a California limited partnership, Now Software, Incorporated, an Oregon corporation, Craig W. Barnes and Darold L. Barnes, Counterclaim Defendants-Appellants.

Court of Appeals of Oregon.

Decided January 26, 1994.

Attorney(s) appearing for the Case

Richard Baroway, Portland, argued the cause for appellants. With him on the briefs were Charles D. Davidson and Garvey, Schubert & Barer.

Robert D. Bulkley, Jr., Portland, argued the cause for respondent. With him on the brief were Lynn R. Stafford, Lisa A. Kaner and Markowitz, Herbold, Glade & Mehlhaf, P.C.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

De MUNIZ, Judge.

Plaintiffs, Benjamin Capital Investors (BCI) and its successor, Now Software, Incorporated, are the publishers of a computer software program called "Prototyper," developed by defendant Cossey. Defendant, a computer programmer, developed Prototyper to simplify programming on the Macintosh Computer. In 1987, defendant and BCI entered into an agreement under which defendant gave BCI the exclusive right to make copies of Prototyper and to market it worldwide...

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