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T-PEG, INC. v. VERMONT TIMBER WORKS, INC.

No. 05-2866.

459 F.3d 97 (2006)

T-PEG, INC.; Timberpeg East, Inc., Plaintiffs, Appellants, v. VERMONT TIMBER WORKS, INC.; Douglas S. Friant, Defendants, Appellees, Stanley J. Isbitski, Defendant.

United States Court of Appeals, First Circuit.

Decided August 18, 2006.

Attorney(s) appearing for the Case

Daniel E. Will, with whom Devine, Millimet & Branch, P.A. was on brief, for appellants.

W.E. Whittington, with whom Whittington Law Associates, PLLC was on brief, for appellees.

Before TORRUELLA, LYNCH, and HOWARD, Circuit Judges.

LYNCH, Circuit Judge.

This case is the first occasion for us to address a copyright infringement suit under the Architectural Works Copyright Protection Act ("AWCPA"), Pub.L. No. 101-650, §§ 701-706, 104 Stat. 5089, 5133-34 (1990) (codified in scattered sections of 17 U.S.C.), which created a new category of copyrightable subject matter for "architectural works." 17 U.S.C. § 102(a)(8).

The plaintiffs, T-Peg, Inc. and Timberpeg East, Inc. (collectively...

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