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AMSTED INDUSTRIES v. BUCKEYE STEEL CASTINGS, CO.

No. 93-1552.

23 F.3d 374 (1994)

AMSTED INDUSTRIES INCORPORATED, Plaintiff-Appellee, v. BUCKEYE STEEL CASTINGS COMPANY, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 18, 1994.

Attorney(s) appearing for the Case

Joseph A. Grear, Law Offices of Rolf Stadheim, Ltd., of Chicago, IL, argued for plaintiff-appellee. With him on the brief was Rolf Stadheim.

Thomas A. Fairhall, Allegretti & Witcoff, Ltd., of Chicago, IL, argued for defendant-appellant. With him on the brief were Robert M. Ward and Edward W. Remus. Also on the brief was Ellen A. Efros, Vorys, Sater, Seymour & Pease, of Washington, DC.

Before PLAGER, LOURIE, and RADER, Circuit Judges.

RADER, Circuit Judge.

The United States District Court for the Northern District of Illinois ordered Buckeye Steel Castings Company to pay Amsted Industries, Inc. $510,528.90 in attorney fees. This fee award included expert witness fees. Buckeye appeals the award of expert witness fees under 35 U.S.C. § 285 (1988). Because the district court exceeded its authority in the award of expert witness fees, this court reverses and remands.

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