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LARCHMONT ENGINEERING, INC. v. TOGGENBURG SKI CENTER, INC.

Nos. 851, 852, Dockets 35830, 35831.

444 F.2d 490 (1971)

LARCHMONT ENGINEERING, INC., Plaintiff-Appellee, v. TOGGENBURG SKI CENTER, INC., et al., Defendants-Appellants. LARCHMONT ENGINEERING, INC., Plaintiff-Appellee, v. GREEK PEAK, INC., et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 18, 1971.

Attorney(s) appearing for the Case

Martin Kirkpatrick, Fish & Richardson, Boston, Mass., Arthur W. Bedell, Albany, N. Y., of counsel, for plaintiff-appellee.

Roger B. McCormick, McCormick, Paulding & Huber, Hartford, Conn., Donald H. Miller, Hiscock, Cowie, Bruce, Lee & Mawhinney, Syracuse, N. Y. and Theodore Fenstermacher, Folmer, Ryan, Fenstermacher & Yesawich, Cortland, N. Y., of counsel, for defendants-appellants.

Before KAUFMAN, ANDERSON and MANSFIELD, Circuit Judges.

PER CURIAM:

In these two patent infringement suits defendants appeal from so much of the order of the district court as denied them an award of costs and attorney fees without hearing or taking evidence, upon granting plaintiff's (Larchmont) motion for a voluntary dismissal with prejudice and without costs pursuant to Rule 41 (a) (2), F.R.C.P. We find no error and affirm.

The relevant facts are simple. On January 9, 1967, Larchmont sued defendants, the operators...

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