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TIF INSTRUMENTS, INC. v. COLETTE

Nos. 80-1698, 80-1775.

713 F.2d 197 (1983)

TIF INSTRUMENTS, INC., Plaintiff-Appellee-Cross-Appellant, v. Michael COLETTE, d.b.a. Colectric Co., and Colette Electric Company, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 29, 1983.

As Amended August 4, 1983.

Attorney(s) appearing for the Case

David A. Maxon, Detroit, Mich. (argued), for defendants-appellants-cross-appellees.

Barry D. Rein (argued), Pennie & Edmonds, New York City, for plaintiff-appellee-cross-appellant.

Before MARTIN, CONTIE and NIES, Circuit Judges.

NIES, Circuit Judge.

Michael Colette, d.b.a. Colectric Co., and Colette Electric Company (Colette) appeal from an adverse judgment in a patent infringement suit entered by default as a sanction for refusal to comply with court-ordered discovery. TIF has cross-appealed from the denial of attorneys' fees under Fed.R.Civ.P. 37(b), or alternatively, for damages and costs under Fed.R.App.P. 38 (Rule 38) in connection with a frivolous appeal. We affirm the default...

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