SIDAG AKTIENGESELLSCHAFT v. SMOKED FOODS PRODUCTS COMPANY, INC.

No. 91-1135.

969 F.2d 1562 (1992)

SIDAG AKTIENGESELLSCHAFT and Sicilia Di R. Biebow & Company, 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.

August 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, Mark C. Baker, John Roach, T. Jackson Lyons, Jackson, Miss., for plaintiffs-appellees.

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


BY THE COURT:

The merits of the controversy between the parties to this case was terminated years ago by a final, non-appealable executory judgment. But the case has refused to die, remaining among the "un-dead" of this Circuit through multiple appeals involving not the merits but attorneys' fees, costs and sanctions.1 Today we do all within our power to drive the stake of finality through its heart.

Even though among counsel the...

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