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SUN-TEK INDUSTRIES v. KENNEDY SKY LITES

Nos. 89-1088, 89-1607.

929 F.2d 676 (1991)

SUN-TEK INDUSTRIES, INC., Plaintiff-Appellee, v. KENNEDY SKY LITES, INC. and Kenergy Corporation, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

March 28, 1991.

Attorney(s) appearing for the Case

William H. Shawn, Shawn, Berger & Mann, Washington, D.C., argued for plaintiff-appellee. With him on the brief was Elaine M. O'Halloran, Washington, D.C.

I. William Spivey, II, Baker & Hostetler, Orlando, Fla., argued for defendants-appellants. Of counsel was Beth Ball, Baker & Hostetler, Orlando, Fla. Frederick J. Ward, Baker & Hostetler, Orlando, Fla., was on the brief for defendants-appellants.

Before RICH and ARCHER, Circuit Judges, and FRIEDMAN, Senior Circuit Judge.

ARCHER, Circuit Judge.

This is a consolidated appeal by Kennedy Sky Lites, Inc. and Kenergy Corporation (Kenergy) from the Order on Further Proceedings on Remand (Order), dated September 30, 1988, and from the Memorandum Opinion and Order on Remand (Memorandum Opinion), dated January 31, 1989, of the United States District Court for the Middle District of Florida, No. 82-469. The district court held that Kenergy was not entitled to restitution of the attorney fees...

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