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SIDAG AKTIENGESELLSCHAFT v. SMOKED FOODS PRODUCTS

No. 91-1135.

960 F.2d 564 (1992)

SIDAG AKTIENGESELLSCHAFT a corporation of Switzerland and Sicilia Di R. Biebow & Company, a Limited Partnership of Italy, Plaintiffs-Appellees, v. SMOKED FOODS PRODUCTS COMPANY, INC. and Marcus Cox, Defendants, Ronald C. Cox and Sales U.S.A., Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 12, 1992.

Attorney(s) appearing for the Case

L. Dan Tucker, Charles W. Gaines, Hubbard, Thurman, Tucker & Harris, Dallas, Tex., for defendants-appellants.

Roger C. Clapp, Florence, Miss., Jane Sanders Lewis, John Roach, Jackson, Miss., for plaintiffs-appellees.

Before POLITZ, Chief Judge, and REYNALDO G. GARZA and WIENER, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 12, 1992.

WIENER, Circuit Judge:

The defendants in an action previously found to have been barred by res judicata and, on remand, found to have been frivolously maintained by appellees, now appeal that court's refusal to award attorney fees. Finding that the district court violated our prior mandate to award attorney fees to defendants if on remand that court found frivolity by appellees (which it found),...

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