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WSM, INC. v. WHEELER MEDIA SERVICES, INC.

No. 85-5149.

810 F.2d 113 (1987)

WSM, INC., Plaintiff-Appellee, v. WHEELER MEDIA SERVICES, INC., Nashville Network, Inc., and Ian Wheeler, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 29, 1987.

Rehearing Denied March 6, 1987.

Attorney(s) appearing for the Case

Gregory A. Keyser (argued), Frost and Jacobs, Middletown, Ohio, for defendants-appellants.

L. Lawton Rogers, III (argued), Alexandria, Va., Francis M. Wentworth, Jr., Nashville, Tenn., for plaintiff-appellee.

Before ENGEL and RYAN, Circuit Judges, and CONTIE, Senior Circuit Judge.

ENGEL, Circuit Judge.

Defendants appeal an order of the United States District Court for the Middle District of Tennessee awarding plaintiff $35,785.79 in attorney fees under the "exceptional cases" provision of section 35 of the Lanham Act, 15 U.S.C. § 1117(a).1 The district judge held that plaintiff was entitled to the fees because defendants unnecessarily prolonged the litigation after September 27, 1982. We reverse.

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