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YOFFE v. KELLER INDUS., INC.

No. 76-2288.

580 F.2d 126 (1978)

Donald YOFFE, Plaintiff-Appellant, v. KELLER INDUSTRIES, INC., a corporation and Henry A. Keller and Norman S. Edelcup, Individuals, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 27, 1978.

Attorney(s) appearing for the Case

Lipkin, Stutzman, Marshall & Bohorad, Pottsville, Pa., Marc Cooper, Robyn Greene, Miami, Fla., for plaintiff-appellant.

Robert Orseck, Joel D. Eaton, Richard E. Reckson, Miami, Fla., for defendants-appellees.

Before BROWN, Chief Judge, THORNBERRY and CLARK, Circuit Judges.

Rehearing Denied October 27, 1978. See 582 F.2d 982.

BROWN, Chief Judge:

Plaintiff Donald Yoffe appeals from that part of an order granting his motion for a voluntary dismissal without prejudice under F.R.Civ.P. 41(a)(2) that requires him to pay the defendants' attorneys' fees and costs as a condition of the dismissal. Yoffe attacks both the imposition and the amount of the fee award, claiming that the District Court Judge...

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