GRAHAM v. JAMES

Nos. 794, 795 and 796, Dockets 96-9224, 96-9272 and 97-7706.

144 F.3d 229 (1998)

Richard E. GRAHAM, dba Night Owl Computer Service and Night Owl Publisher, Inc., Plaintiff-Appellant-Cross-Appellee, v. Larry D. JAMES, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 18, 1998.


Attorney(s) appearing for the Case

Denis A. Kitchen, Jr., Williamsville, NY, for Plaintiff-Appellant-Cross-Appellee.

James Ostrowski, Buffalo, NY, for Defendant-Appellee-Cross-Appellant.

Before: WALKER and JACOBS, Circuit Judges, and MISHLER, Senior District Judge.


JACOBS, Circuit Judge.

Plaintiff Richard E. Graham (dba Night Owl Computer Service and then through a corporate entity, Night Owl's Publisher, Inc.1) marketed CD-ROM disks containing compilations of computer programs; defendant Larry D. James created file-retrieval programs that allowed users to access particular programs on Graham's products or (presumably) other CD-ROM disks. In this case, the parties assert conflicting rights to James...

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