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SIDAG AKTIENGESELLSCHAFT v. SMOKED FOODS PRODUCTS CO., INC.

No. 88-4061.

854 F.2d 799 (1988)

SIDAG AKTIENGESELLSCHAFT, a Corporation of Switzerland, and Sicilia Di R. Biebow & Co., a limited partnership of Italy, Plaintiffs Appellants, v. SMOKED FOODS PRODUCTS CO., INC., et al., Defendants, Ronald C. Cox and Sales, U.S.A., Inc., Defendant Appellee.

United States Court of Appeals, Fifth Circuit.

September 15, 1988.

Attorney(s) appearing for the Case

Roger Clifford Clapp, E. Scott Lowicki, Florence, Miss., for plaintiffs appellants.

L. Dan Tucker, Hubbard, Thurman, Turner & Tucker, Dallas, Tex., for defendant appellee.

Before CLARK, Chief Judge, GARZA and POLITZ, Circuit Judges.

GARZA, Circuit Judge:

This appeal arises from the granting of attorney's fees and costs in favor of Ronald C. Cox and Sales U.S.A., Inc. (Cox and Sales) and against Sidag Aktiengesellschaft (Sidag). We vacate the award of attorney's fees and remand for a hearing to determine whether the suit prosecuted against Cox and Sales was frivolous, vexatious, in bad faith, oppressive, or unreasonable, and, if so, for a determination of what reasonable attorney's fees are pursuant...

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