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OVERNITE TRANSP. CO. v. CHICAGO INDUS. TIRE CO.

No. 82-1597.

697 F.2d 789 (1983)

OVERNITE TRANSPORTATION CO., Plaintiff, v. CHICAGO INDUSTRIAL TIRE CO., Defendant-Appellee. Appeal of Themis N. ANASTOS and Paul E. Peldyak.

United States Court of Appeals, Seventh Circuit.

Decided January 13, 1983.

Attorney(s) appearing for the Case

Themis N. Anastos, Paul E. Peldyak, Chicago, Ill., for plaintiff.

Jeffrey J. Keck, Bloom & Tese, Chicago, Ill., for defendant-appellee.

Before CUMMINGS, Chief Judge, COFFEY, Circuit Judge, and HILL, Senior District Judge.

COFFEY, Circuit Judge.

This is an appeal from the district court's order granting the defendant's motion for attorney's fees and costs pursuant to 28 U.S.C. § 1927. The district court found that the plaintiff's filing of a lawsuit in federal court and the appeal of its dismissal were multiplicious and vexatious in nature.

The facts underlying this case are fully set forth in Overnite Transportation Co. v. Chicago Industrial Tire Co.,

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