SHUPTRINE v. McDOUGAL LITTELL

No. 1:07-CV-181.

535 F.Supp.2d 892 (2008)

Phyllis SHUPTRINE, Plaintiff, v. McDOUGAL LITTELL, a division of Houghton Mifflin Company, and R.R Donnelley & Sons Company, Defendants.

United States District Court, E.D. Tennessee, at Chattanooga.

February 12, 2008.


Attorney(s) appearing for the Case

Autumn J. Witt, Chambliss, Bahner & Stophel, PC, Chattanooga, TN, Christopher Seidman, Harmon & Seidman, LLC, Grand Junction, CO, Maurice Harmon, Harmon & Seidman, LLC, Northampton, PA, for Plaintiff.

Christina M. Tchen, David R. Pehlke, Skadden, Arps, Slate, Meagher & Flom LLP, Chicago, IL, Heather J. Hubbard, Robb S. Harvey, Waller Lansden Dortch & Davis, LLP, Nashville, TN, for Defendants.


MEMORANDUM

CURTIS L. COLLIER, Chief Judge.

Before the Court is defendant McDougal Littel's ("Defendant") motion for partial judgment on the pleadings (Court File Nos. 24 & 25). The motion seeks to dismiss Count XI of Plaintiff Phyllis Shuptrine's ("Plaintiff') complaint, which alleges fraud, on the grounds the claim is preempted by the Copyright Act, 17 U.S.C. § 301. Plaintiff filed a response (Court File No. 26), to which Defendant filed...

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