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SOLAROLL SHADE AND SHUTTER v. BIO-ENERGY SYSTEMS

No. 85-5496.

803 F.2d 1130 (1986)

SOLAROLL SHADE AND SHUTTER CORP., INC., Plaintiff-Appellee, v. BIO-ENERGY SYSTEMS, INC., Defendant-Appellant, Broward Solar Center, Inc., Defendant.

United States Court of Appeals, Eleventh Circuit.

November 10, 1986.

Attorney(s) appearing for the Case

Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Thomas T. Steele, Tampa, Fla., for defendant-appellant.

Eugene F. Malin, Edward McHale, Fort Lauderdale, Fla., for plaintiff-appellee.

Before FAY and JOHNSON, Circuit Judges, and HOFFMAN, Senior District Judge.

JOHNSON, Circuit Judge:

This case involves an appeal from the district court's denial of a motion to vacate a judgment enforcing a settlement agreement. We affirm, and because the issues presented in this appeal are frivolous, we award double costs to the appellee. Fed.R.App.P. 38.

I

BACKGROUND

In September 1980, appellee, Solaroll Shade and Shutter Corporation, Inc. ("Solaroll"), instituted a trademark infringement action against appellant...

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