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ENGEL v. TELEPROMPTER CORP.

Nos. 83-1618, 83-1798 Summary Calendar.

732 F.2d 1238 (1984)

Sheldon ENGEL, et al., Plaintiffs-Appellees, v. TELEPROMPTER CORPORATION, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 25, 1984.

Attorney(s) appearing for the Case

Farrow, Schildhause, Wilson & Rains, Lynne A. Armstrong, Thomas A. Seaton, Harold R. Farrow, Richard Calabria Moore, Oakland, Cal., for defendants-appellants.

W. Dean Hester, J. Malcolm Harris, El Paso, Tex., for plaintiffs-appellees.

Before TATE, GARWOOD and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We must decide whether defendants who appealed successfully from an adverse judgment may recover attorneys' fees from the ultimately unsuccessful plaintiffs, despite defendants' failure to seek attorneys' fees in their pleadings before the district court and this court. We hold that a mandate of this court instructing the district court to dismiss the complaint did not divest the district...

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