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NEFT v. VIDMARK, INC.

No. 89-55287.

923 F.2d 746 (1991)

Herb NEFT; D.R.H., Inc., a corporation; Karl James Associates, Inc., a corporation; Karl James Productions, Inc., a corporation; Gary Gray, Plaintiffs, and Pelletier, Supancic & Gill; Franklin Pelletier; Ronald Supancic; Keith C. Gill, Appellants, v. VIDMARK, INC., a corporation; Baker & Taylor Video, a corporation; Mark Amin; Barry Barnholtz, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 17, 1991.

Attorney(s) appearing for the Case

Keith C. Gill, Woodland Hills, Cal., for appellants.

Edward A. Ruttenberg, Leopold, Petrich & Smith, Los Angeles, Cal., for defendants-appellees.

Before BOOCHEVER, BEEZER and TROTT, Circuit Judges.

BEEZER, Circuit Judge:

This is an appeal of an assessment against "plaintiffs and their counsel, jointly and severally," of costs and attorney's fees under copyright statute 17 U.S.C. § 505. We reverse the award and remand for reconsideration of defendants' motion for costs and fees.

Plaintiffs brought a copyright infringement action. The district court granted summary judgment in favor of defendants. Defendants then moved for costs and attorney's fees...

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