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GEMCRAFT HOMES, INC. v. SUMURDY

Civ. A. No. S-88-135-CA.

688 F.Supp. 289 (1988)

GEMCRAFT HOMES, INC. v. Douglas SUMURDY, Individually and d/b/a Pacific Coast Homes, Pacific Coast Customs, Pacific Coast Custom Homes, and Pacific Coast Custom Homes, Ltd.; Warren Packer, Individually and d/b/a Pacific Coast Homes, Pacific Coast Customs, Pacific Coast Custom Homes and Pacific Coast Custom Homes, Ltd.; Pacific Coast Homes; Pacific Coast Customs; Pacific Coast Custom Homes; Pacific Coast Custom Homes, Ltd.

United States District Court, E.D. Texas, Sherman Division.

June 7, 1988.

Attorney(s) appearing for the Case

Ann Robins and David Ives of Leonard, Marsh, Hurt & Terry, Dallas, Tex., for plaintiff.

Michael J. Collins, Valin L. Woodward of Smith, Underwood & Hunter, John F. Booth, Norman Gundel of Crutsinger & Booth, Dallas, Tex., for defendants.

ORDER

PAUL N. BROWN, District Judge.

The Court has before it plaintiff's Motion to Remand Case and for Rule 11 Sanctions. The resolution of this motion calls for examination of the Copyright Act of 1976, 17 U.S.C. § 101-810, with regard to the "artful pleading" and "complete pre-emption" doctrines.

I. FACTS

Plaintiff, Gemcraft Homes, Inc., is in the business of building and selling residential homes. On March 31, 1988, plaintiff brought...

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