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J.P. STEVENS CO., INC. v. LEX TEX LTD., INC.

Appeal Nos. 86-1359, 86-1375 and 86-1377.

822 F.2d 1047 (1987)

J.P. STEVENS COMPANY, INC., Badische Corporation and Burlington Industries, Inc., Appellants, v. LEX TEX LTD., INC., Appellee.

United States Court of Appeals, Federal Circuit.

June 19, 1987.

Attorney(s) appearing for the Case

James Galbraith, Kenyon & Kenyon, New York City, argued for appellant J.P. Stevens. With him on the brief were Francis T. Carr and Robert D. Fier. Also on the brief was Michael T. Frimer, J.P. Stevens & Co., Inc., New York City, of counsel.

D. Dennis Allegretti, Allegretti, Newitt, Witcoff & McAndrews, Ltd., Chicago, Ill., argued for appellant Badische & Burlington. With him on the brief was Robert C. Ryan. Also on the brief were Ben F. Tennille, Legal Dept., Burlington Industries, Inc., Greensboro, N.C., of counsel and Stuart I. Friedman, Friedman & Wittenstein, New York City, of counsel.

Griffin B. Bell, Atlanta, Ga., argued for appellee. Bruce W. Baber, Atlanta, Ga., entered an appearance for appellee. James W. Crabtree, Smathers & Thompson, of Charlotte, N.C., was on the brief for appellee. Also on the brief was Robert C. Miller, Oblon, Fisher, Spivak, McClelland & Maier, P.C., of Arlington, Va.

Before MARKEY, Chief Judge, DAVIS and ARCHER, Circuit Judges.

ARCHER, Circuit Judge.

J.P. Stevens Company, Inc. (Stevens) and Badische Corp. and Burlington Industries, Inc. (collectively Burlington) bring this consolidated appeal from the denial of their requests for attorneys' fees entered by the United States District Court for the Southern District of Florida subsequent to this court's decision in J.P. Stevens & Co., Inc. v. Lex Tex Ltd., Inc., 747 F.2d 1553, 223 USPQ 1089 (Fed...

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