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C.P.C. v. NOSCO PLASTICS, INC.

Appeal No. 83-982.

719 F.2d 400 (1983)

C.P.C. Partnership and Bardot Plastics, Inc., Plaintiffs-Appellants, v. NOSCO PLASTICS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

September 26, 1983.

Attorney(s) appearing for the Case

Edwards F. Connors, Washington, D.C., was on the brief for plaintiffs-appellants; James M. Slattery, Washington, D.C., of counsel.

Jack L. Fox, Old Westbury, N.Y., was counsel for defendants-appellees.

Before MARKEY, Chief Judge, SMITH and NIES, Circuit Judges.

ORDER

Appellants (CPC) filed an appeal from a refusal to disqualify counsel for appellee (Nosco), the asserted ground for disqualification being the anticipation that counsel, an officer of Nosco, would have to testify as a witness. Nosco filed a motion to dismiss the appeal, and to assess damages, costs, and attorney fees, on the ground that the appeal is frivolous, citing Firestone Tire and Rubber Company v. Risjord...

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