OAK HALL CAP & GOWN CO. v. OLD DOMINION FREIGHT LINE, INC.

Nos. 89-1514, 89-1524.

899 F.2d 291 (1990)

OAK HALL CAP AND GOWN COMPANY, INCORPORATED, Plaintiff-Appellee, v. OLD DOMINION FREIGHT LINE, INCORPORATED, Defendant-Appellant. OAK HALL CAP AND GOWN COMPANY, INCORPORATED, Plaintiff-Appellant, v. OLD DOMINION FREIGHT LINE, INC., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 26, 1990.


Attorney(s) appearing for the Case

Hyman Hillenbrand, Kroll & Tract, New York City, for defendant-appellant.

James Wilson Jennings, Jr., Woods, Rogers & Hazlegrove, Roanoke, Va., for plaintiff-appellee.

John D. Eure, Ronald M. Ayers, Johnson, Ayers & Matthews, on brief, Roanoke, Va., for appellant.

Frank K. Friedman, Elizabeth K. Hillman, Woods, Rogers & Hazlegrove, on brief, Roanoke, Va., for plaintiff-appellee.

Before PHILLIPS, Circuit Judge, BUTZNER, Senior Circuit Judge, and YOUNG, Senior United States District Judge for the District of Maryland, sitting by designation.


JOSEPH H. YOUNG, Senior District Judge:

The plaintiff, Oak Hall Cap & Gown Co. ("Oak Hall"), and the defendant, Old Dominion Freight Line, Inc. ("Old Dominion"), have appealed orders of the magistrate entered at the conclusion of plaintiff's suit for damages. For the reasons stated below, we affirm the judgment of $87,869 in favor of Oak Hall, but vacate and remand the order denying its costs.

I.

Oak Hall manufactures, sells, and rents academic...

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