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SCHMIDT v. ZAZZARA

No. 75-2285.

544 F.2d 412 (1976)

Mary Jane SCHMIDT, as Trustee of the Revocable Living Trust of Harry J. Hoenselaar, Plaintiff-Appellee, v. C. Vincent ZAZZARA and John H. Kirk, Jr., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

October 12, 1976.

Attorney(s) appearing for the Case

David S. Romney (argued), of Romney, Schapp, Golant, Scillieri & Ashen, Beverly Hills, Cal., for petitioners.

Gregory M. MacGregor (argued), of Ervin, Cohen & Jessup, Beverly Hills, Cal., for respondent.

Before DUNIWAY, KILKENNY and CHOY, Circuit Judges.

DUNIWAY, Circuit Judge:

Zazzara and Kirk appeal from an order awarding certain attorney's fees to Mary Jane Schmidt.1 We affirm.

Schmidt brought a patent infringement action in the district court against Zazzara, Kirk, and various other parties. Two weeks before the scheduled trial date, which was December 17, 1974, Zazzara and Kirk initiated extensive settlement negotiations with counsel for Schmidt. Kirk is an attorney, and purported...

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