DR. BERNARD HELLER FOUNDATION v. LEE

Nos. 87-3609, 87-3624.

847 F.2d 83 (1988)

DR. BERNARD HELLER FOUNDATION, Herman Mark Harris and Ruth O. Freedlander, Herman Mark Harris, Appellant, v. Sidney LEE, Frieda Pettis, John Doe I, William Newkirk, Alan Bronstein, Andreas Esberg, Lewis Kranette, West Indies Investment Co., Inc., West Indies Investment Co. (St. Croix), St. Croix Real Estate Development Corporation, William Newkirk, Alan Bronstein, Andreas Esberg, Appellees. DR. BERNARD HELLER FOUNDATION, Herman Mark Harris and Ruth O. Freedlander, Dr. Bernard Heller Foundation and Ruth O. Freedlander, Appellants, v. Sidney LEE, Frieda Pettis, John Doe I, William Newkirk, Alan Bronstein, Andreas Esberg, Lewis Kranette, West Indies Investment Co., Inc., West Indies Investment Co. (St. Croix), St. Croix Real Estate Development Corporation, William Newkirk, Alan Bronstein, Andreas Esberg, Appellees.

United States Court of Appeals, Third Circuit.

Decided May 23, 1988.

As Amended May 27, 1988.


Attorney(s) appearing for the Case

Frederick G. Watts (argued), Garry W. Morse, Watts & Streibich, St. Thomas, U.S.V.I., for appellants.

Richard H. Hunter, Hunter Colianni Cole & Turner, Christiansted, St. Croix, U.S.V.I., for appellees, Andreas Esberg, Alan Bronstein and William Newkirk.

Before SEITZ, SLOVITER and BECKER, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Factual and Procedural Background

The issues on this appeal concern only the district court's order requiring plaintiffs to pay for certain of the attorneys' fees and costs incurred by the successful defendants who are appellees here. Therefore, a brief summary of the underlying action will suffice for our purposes.

Dr. Bernard Heller and his nephew, Sidney Lee, each owned...

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