BUDGET CINEMA, INC. v. WATERTOWER ASSOCIATES

No. 95-3138.

81 F.3d 729 (1996)

BUDGET CINEMA, INCORPORATED, Plaintiff-Appellee, v. WATERTOWER ASSOCIATES and McCloud Construction, Incorporated, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 17, 1996.


Attorney(s) appearing for the Case

Michael B. Apfeld (argued), Jane C. Schlicht, Godfrey & Kahn, Milwaukee, WI, for plaintiff-appellee.

Joseph E. Fenzel, Donald A. Allen, Domnitz, Mawicke, Goisman & Rosenberg, John P. Fredrickson (argued), Nilles & Nilles, Milwaukee, WI, for defendants-appellants.

Before CUMMINGS, BAUER and MANION, Circuit Judges.


CUMMINGS, Circuit Judge.

The district court denied the recovery of attorney's fees under 17 U.S.C. § 505 to the prevailing defendants in this copyright infringement action. Because the district court failed to apply the appropriate legal standard under Fogerty v. Fantasy, Inc., ___ U.S. ___, 114 S.Ct. 1023, 127 L.Ed.2d 455, we reverse its decision and remand for a determination of reasonable attorney's fees.

I.

Defendant Watertower Associates...

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