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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46725 Judge Rakoff PLAINTIFFS, THE authors of a treatise on tax law, entered into a contract with defendant McGraw-Hill for the publication of their treatise by a unit of defendant named Shepard’s Topical Publishing Division. Pursuant to the agreement, defendant entered into a contract with a software company to produce a version of the treatise on CD-ROM. Defendant subsequently sold the Shepard’s unit to Thomson Legal Publishing and assigned the publishing agreement to Thomson, with plaintiffs’ consent, as required by the agreement. Plaintiffs later claimed that they were owed a royalty under the agreement. The U.S. Court of Appeals for the Second Circuit had reversed the instant court’s prior ruling that collateral estoppel barred plaintiffs’ claims. The parties moved for summary judgment and the instant court granted summary judgment to defendant, concluding that the pertinent contractual provisions do not reasonably permit the interpretation advanced by plaintiffs.

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