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KOTSILIERIS v. CHALMERS

No. 91-1973.

966 F.2d 1181 (1992)

Paris KOTSILIERIS, Plaintiff, v. Hymen P. CHALMERS, Andy Nanos and Electronics, Missiles & Communications, Incorporated, Defendants-Appellees. Appeal of Ronald P. KANE and Michael A. Kraft.

United States Court of Appeals, Seventh Circuit.

Decided July 10, 1992.

Attorney(s) appearing for the Case

Daniel F. Webb, Chicago, Ill., Joseph M. Fitzsimmons, Melville B. Bowen, Kevin F. Bowen, Fitzsimmons & Bowen, Oakbrook, Ill., for plaintiff.

Ronald L. Marmer, Howard R. Barron, Howard S. Suskin (argued), Jenner & Block, Chicago, Ill., for defendants-appellees.

Ronald P. Kane (argued), Siegan, Barbakoff & Gomberg, Chicago, Ill., for appellants.

Before WOOD, Jr., COFFEY, Circuit Judges, and CURRAN, District Judge.

HARLINGTON WOOD, JR., Circuit Judge.

This case not only tests the limits of the district court's discretion, but it tests this court's discretion as well. Today, we must decide whether a district court abused its discretion under 28 U.S.C. § 1927 when awarding attorneys' fees against counsel who inadvertently waited until the eve of trial before making a jury demand. In deciding this issue we must address two questions: did counsel act vexatiously, and was $5...

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