BARTON v. DRUMMOND CO.

No. 78-2963.

636 F.2d 978 (1981)

Fayette R. BARTON, on behalf of himself and all other stockholders of Alabama By-Products Corporation, Inc., Plaintiff-Appellant, v. DRUMMOND COMPANY, a corporation, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

February 9, 1981.


Attorney(s) appearing for the Case

Gilbert E. Johnston, Sr., Alan W. Heldman, Howard P. Walthall, Birmingham, Ala., for plaintiff-appellant.

Thomas, Taliaferro, Forman, Burr & Murray, Robert G. Tate, Birmingham, Ala., Richard C. Seltzer, Jay Wishingrad, New York City, for defendants-appellees.

Before MORGAN, ANDERSON and THOMAS A. CLARK, Circuit Judges.


THOMAS A. CLARK, Circuit Judge:

This case comes to us from a district court order and memorandum of decision dismissing plaintiff's motion for the award of attorney's fees on the ground that plaintiff had failed to establish an exception to the "American Rule" which prohibits the award of attorneys' fees in the absence of a specific statutory or contractual provision. We find that the district court erred in dismissing appellant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases