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S.R. MERCANTILE CORP. v. MALONEY

No. 1367, Docket 90-6026.

909 F.2d 79 (1990)

S.R. MERCANTILE CORPORATION, Petitioner-Appellee, v. Andrew MALONEY, Respondent-Appellee, v. Harold WAPNICK, Appellant.

United States Court of Appeals, Second Circuit.

Decided July 20, 1990.

Attorney(s) appearing for the Case

Morgan Kennedy, New York City, for appellant.

Barry Michael Okun, New York City (Sandy A. Wald, Rosenman & Colin, New York City, of counsel), for petitioner-appellee S.R. Mercantile Corp.

Arthur P. Hui, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Robert L. Begleiter, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y., of counsel), for respondent-appellee Maloney.

Before VAN GRAAFEILAND, MESKILL and WALKER, Circuit Judges.

MESKILL, Circuit Judge:

In this appeal the primary issue is whether the circumstances warrant imposition of costs and attorney's fees on appellant Harold Wapnick and his attorney, Morgan Kennedy, pursuant to Fed.R.App.P. 38. Wapnick appeals from an order of the United States District Court for the Eastern District of New York, Raggi, J., directing the United States Attorney for that district to deliver to petitioner S.R. Mercantile Corp. (Mercantile) certified copies...

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