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*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
March 4, 2004
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 03-30826
CPIP INC.; SECURE COMPUTING SYSTEMS, INC.,
Plaintiffs-Appellees,
VERSUS
ALAN GUTIERREZ,
Defendant-Appellant.
Appeal from the United States District Court
For the Eastern District of Louisiana
03-CV-1826-S
Before REAVLEY, DAVIS and DeMOSS, Circuit Judges.
PER CURIAM:*
We are unpersuaded that the record supports the district
court’s finding that Gutierrez was an employee or that the work on
the software was “made for hire” under 17 U.S.C. § 301(b).
However, we are unwilling to say at this stage of the proceedings
that the district court abused its discretion in entering the
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preliminary injunction to maintain the status quo pending a hearing
on the permanent injunction.
AFFIRMED.
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