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FAIRWAY CONSTRUCTORS, INC. v. AHERN

No. 1 CA-CV 97-0484.

970 P.2d 954 (1998)

193 Ariz. 122

FAIRWAY CONSTRUCTORS, INC., and Ludwig Engineering, Inc., Plaintiffs-Appellants, v. Frank AHERN and Jane Doe Ahern, husband and wife, dba Frank Ahern Construction, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department D.

Review Denied January 12, 1999.

Attorney(s) appearing for the Case

Anderson Law Offices by Michael C. Anderson, Bullhead City, for Appellants.

Scholz & Scholz by Richard L. Scholz, Bullhead City, for Appellees.

OPINION

NOYES, Judge.

¶ 1 Fairway Constructors, Inc. ("Fairway") and Ludwig Engineering, Inc. ("Ludwig") sued Frank Ahern, d.b.a. Frank Ahern Construction ("Ahern"), for unfair competition based on Ahern's use of a home design that was copyrighted by Ludwig and licensed to Fairway. The trial court dismissed the complaint on grounds of federal preemption, and it awarded attorneys' fees to Ahern. We affirm the dismissal and reverse the award of attorneys...

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