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EPPERSON v. ENTERTAINMENT EXPRESS, INC.

No. 00-7567.

242 F.3d 100 (2001)

Dirk EPPERSON and Betty Schneider, Plaintiffs-Appellants, v. ENTERTAINMENT EXPRESS, INC., now known as Advantix, Inc., Irvin Richter, Hill International, Inc., and Hill Arts & Entertainment Systems, Inc., now known as Haesi Software, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 7, 2001.

Attorney(s) appearing for the Case

Robert Sullivan, Westport, CT, for Plaintiffs-Appellants.

Carolyn W. Kone, Brenner, Saltzman & Wallman, LLP, New Haven, CT, for Defendants-Appellees.

Before: VAN GRAAFEILAND and KATZMANN, Circuit Judges and JONES, District Judge.

JONES, District Judge:

Introduction

This case requires us to consider whether this Court's decision in Empire Lighting Fixture Co. v. Practical Lighting Fixture Co., 20 F.2d 295 (2d Cir.1927), survives the Supreme Court's ruling in Peacock v. Thomas, 516 U.S. 349, 116 S.Ct. 862, 133 L.Ed.2d 817 (1996). We hold that it does. Having decided on the basis of Empire Lighting

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