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Attorney for Plaintiffs Picked the Wrong Fight

November 04, 2001

Regarding "Home Plans Ruled Too Different" by Robert J. Bruss, Oct. 14:

The ruling by the U.S. District Court [in John Alden Homes Inc. vs. Kangas, 142 Fed.Supp.2d 1338] was correct for the grounds of the suit. However, the plaintiff's attorney sued for the wrong cause of action, which should have been "unjust enrichment."

It is the "use" of the design without compensation to the original designer that would have resulted in the plaintiffs' winning their case.

Suits of "unjust enrichment" have been successful against singing groups and large corporations.

JAY SHNIDERMAN

Van Nuys

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