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McALISTER TRUCKING CO. v. BHY TRUCKING INC.

No. 80-1179.

642 F.2d 1000 (1981)

A. L. McALISTER TRUCKING CO., Plaintiff-Appellee, v. BHY TRUCKING INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

April 17, 1981.

Attorney(s) appearing for the Case

John W. Carlisle, Missouri City, Tex., for defendant-appellant.

Sherrill, Pace, Rogers, Crosnoe & Morrison, James B. Williamson, Lonny D. Morrison, Wichita Falls, Tex., for plaintiff-appellee.

Before BROWN, WISDOM and RANDALL, Circuit Judges.

PER CURIAM:

The judgment of the district court is affirmed in all respects. This appeal is frivolous. We therefore award double costs to the appellee. See 28 U.S.C. § 1912 (1976); Fed.R.App.P. 38. Under California law, the appellee is also entitled to attorneys fees for its appeal. See T.E.D. Bearing Co. v. Walter E. Heller & Co., 38 Cal.App.3d 59, 112 Cal.Rptr. 910

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