Philip F. Postlewaite and John S. Pennell v. McGraw Inc., Docket No. 04-2095-Cv
Court of Appeals for the Second Circuit
1Opinion of the Court
WESLEY, Circuit Judge.
While the parties agree on the factual underpinnings of this case, they hotly contest the legal significance of the two contracts central to it. On August 16, 1993, McGraw-Hill, Inc. (“McGraw”) entered into a publishing agreement with Philip Postlewaite, a distinguished tax-law professor at Northwestern University School of Law, and his coauthor John Pennell to publish Partnership Taxation, Fifth Edition (the “Work”) through McGraw’s Topical Publishing Division (the “Topical Line”). Two years later, McGraw entered into an agreement with Augusta Software Design, Inc.…
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