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YESHIVA UNIVERSITY v. NEW ENGLAND EDUC. INSTITUTE

No. 84 Civ. 3319 (LBS).

631 F.Supp. 146 (1986)

YESHIVA UNIVERSITY, Plaintiff, v. NEW ENGLAND EDUCATIONAL INSTITUTE, INC., Brattleboro Retreat, and Robert C. Guerette, individually and as Director of the Cape Cod Summer Symposia, Defendants.

United States District Court, S.D. New York.

March 13, 1986.

Attorney(s) appearing for the Case

Berger, Poppe & Janiec, New York City, for plaintiff; Henry T. Berger, of counsel.

Donovan, Leisure, Newton & Irvine, New York City, for defendants; Kenneth N. Hart, C. Evan Stewart, of counsel.

SAND, District Judge.

Defendants, having prevailed after a jury trial in their defense of plaintiff's Lanham Act action, seek an award of attorney's fees of approximately $50,000. for time expended in defending against plaintiff's damage claims. The application presents what appears to be a question of first impression, i.e., is a prevailing defendant entitled to an award of attorney's fees where plaintiff's liability claims were asserted in good faith and...

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