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EXACT SOFTWARE NORTH AMERICA, INC. v. DEMOISEY

No. 12-3538.

718 F.3d 535 (2013)

EXACT SOFTWARE NORTH AMERICA, INC., f/k/a Macola, Inc., Plaintiff, Infocon Systems, Inc., Defendant-Appellant, v. J. Fox DeMOISEY, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 23, 2013.

Rehearing Denied June 28, 2013.

Attorney(s) appearing for the Case

ARGUED: Kevin C. Burke , Louisville, Kentucky, for Appellant. Thomas E. Clay , Thomas E. Clay, P.S.C., Louisville, Kentucky, for Appellee. ON BRIEF: Kevin C. Burke , Louisville, Kentucky, Peter Ostermiller , Louisville, Kentucky, for Appellant. Thomas E. Clay , Thomas E. Clay, P.S.C., Louisville, Kentucky, for Appellee.

Before: GILMAN, ROGERS and SUTTON, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

This software-licensing dispute became more intriguing after the parties settled it. On the eve of settlement, Infocon, a software distributor, fired its lawyer, J. Fox DeMoisey. Hoping to ensure that he got paid for his work, DeMoisey placed a charging lien on the settlement proceeds. Exact delivered the $4 million settlement to the district court, which distributed most of it to Infocon and placed the remaining $1.2 million...

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