PHILIPS BUSINESS SYS. v. EXECUTIVE COMMUNICATIONS

Nos. 1371, 1372 and 1777 to 1780, Dockets 83-7842, 83-7959, 84-7236, 84-7238, 84-7240 and 84-7242.

744 F.2d 287 (1984)

PHILIPS BUSINESS SYSTEMS, INC., Plaintiff-Appellant-Cross-Appellee, v. EXECUTIVE COMMUNICATIONS SYSTEMS, INC., trading as Executive Communications Systems, Charles McGuire and Cornelius Fitzsimons, Defendants-Appellees-Cross-Appellants. PHILIPS BUSINESS SYSTEMS, INC., Plaintiff-Appellant-Cross-Appellee, v. Don A. CARLOS, d/b/a D and S Business Systems, D and S Word Processing Systems, and Diskriter, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 12, 1984.


Attorney(s) appearing for the Case

John T. Morin, New York City (Gifford, Woody, Palmer & Searles, New York City, of counsel), for plaintiff-appellant-cross-appellee.

Dennis C. Fleischmann, New York City (Emmett, Marvin & Martin, New York City, of counsel), for defendants-appellees-cross-appellants.

Before FRIENDLY, VAN GRAAFEILAND and WINTER, Circuit Judges.


WINTER, Circuit Judge:

Philips Business Systems, Inc. ("PBSI") appeals from a judgment dismissing its claims brought under the Robinson-Patman Act against two of its distributors, Executive Communications Systems, Inc. ("Executive") and Don A. Carlos ("Carlos"). PBSI also appeals from an order awarding $59,342 in attorney's fees to Executive and Carlos. Executive and Carlos cross appeal, seeking attorney's fees for time spent litigating the fee issue. We affirm the...

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