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BEEKMAN PAPER CO., INC. v. NATIONAL PAPER PRODUCTS

No. 728, Docket 89-7950.

909 F.2d 67 (1990)

BEEKMAN PAPER COMPANY, INC., Plaintiff-Appellant, v. NATIONAL PAPER PRODUCTS, Albert Harris, Stationers Distributing Company, Inc., Don Bolke, Philbro Enterprises Incorporated and Harold B. Avery, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 16, 1990.

Attorney(s) appearing for the Case

Harold Klapper, New York City, for plaintiff-appellant.

Michael E. Twomey, New York City (Mary B. Kilgannon, Olwine, Connelly, Chase, O'Donnell & Weyher, of counsel), for defendants-appellees Stationers Distributing Co., Inc. and Don Bolke.

Joseph M. Burke, New York City (Russo & Burke, New York City, of counsel), for defendants-appellees Philbo1 Enterprises Inc. and Harold Avery.

Before KEARSE, CARDAMONE and MAHONEY, Circuit Judges.

PER CURIAM:

Beekman Paper Co., Inc. ("Beekman") appeals from a judgment of the United States District Court for the Southern District of New York, Thomas P. Griesa, Judge, dismissing Beekman's complaint. Appellees2 move for costs, damages, and attorney's fees against Beekman pursuant to Fed.R.App.P. 38. We affirm the judgment below, grant appellees' motion, and write primarily to address that motion.

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