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PEARLSTINE v. UNITED STATES

No. 80-2498.

649 F.2d 194 (1981)

PEARLSTINE, Jules and Pearlstine, Eileen, his wife, Appellants, v. The UNITED STATES of America and United States Postal Service.

United States Court of Appeals, Third Circuit.

Decided May 4, 1981.

Attorney(s) appearing for the Case

Frederick C. Horn, Jeffrey T. Sultanik, Pearlstine, Salkin, Hardiman & Robbins, Lansdale, Pa., for appellants.

Anthony C. Liotta, Acting Asst. Atty. Gen., Peter F. Vaira, U. S. Atty., Gary Tilles, Asst. U. S. Atty., Philadelphia, Pa., James W. Moorman, Edward J. Shawaker, Maria A. Iizuka, Attorneys, Dept. of Justice, Washington, D. C., for appellees.

Before ADAMS and GARTH, Circuit Judges and FISHER, District Judge.

Submitted Under Third Circuit Rule 12(6) March 26, 1981.

OPINION OF THE COURT

PER CURIAM.

This is an appeal from a district court order denying plaintiffs' motion, filed pursuant to Fed.R.Civ.P. 54(d), for costs and expenses incurred while seeking to enforce a lease agreement against the United States Postal Service.1 In order to resolve the controversy, we are called upon to address the following questions: First, whether...

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