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CHRISTOPHER PHELPS & ASSOCIATES, LLC v. GALLOWAY

No. 05-2266.

477 F.3d 128 (2007)

CHRISTOPHER PHELPS & ASSOCIATES, LLC, Plaintiff-Appellant, v. R. Wayne GALLOWAY, Defendant-Appellee, v. Simonini Builders, Incorporated, Third Party Defendant. Donald A. Gardner Architects, Incorporated; Donald A. Gardner, Incorporated; Frank Betz Associates, Incorporated, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 12, 2007.

Attorney(s) appearing for the Case

ARGUED: Louis K. Bonham, Osha & Liang, L.L.P., Houston, Texas, for Appellant. W. Thad Adams, III, Adams & Evans, P.A., Charlotte, North Carolina, for Appellee. ON BRIEF: Albert P. Allan, Summa, Allan & Additon, P.A., Charlotte, North Carolina, for Appellant. Matthew J. Ladenheim, Kathryn A. Gromlovits, Adams & Evans, P.A., Charlotte, North Carolina, for Appellee. Wallace K. Lightsey, Frank S. Holleman, III, Troy A. Tessier, Wyche, Burgess, Freeman & Parham, P.A., Greenville, South Carolina, for Amici Supporting Appellant.

Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges.

Affirmed in part, vacated in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MOTZ and Judge TRAXLER joined.

NIEMEYER, Circuit Judge.

After R. Wayne Galloway began construction of his retirement home on Lake Wylie, near Charlotte, North Carolina, using architectural plans designed and copyrighted by Christopher Phelps & Associates, LLC ("Phelps & Associates"), without permission, Phelps & Associates commenced...

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