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ASHLAND CHEMICAL INC. v. BARCO INC.

No. 96-40431.

123 F.3d 261 (1997)

ASHLAND CHEMICAL INC., Plaintiff-Appellant, v. BARCO INC., et al., Defendants, Mesh Plastics Ltd., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 15, 1997.

Attorney(s) appearing for the Case

Debora M. Alsup, Thompson & Knight, Austin, TX, James Martin Underwood, Dallas, TX, for Plaintiff-Appellant.

Charles T. Frazier, Jr., Gregory Joseph Lensing, Cowles & Thompson, Dallas, TX, for Defendant-Appellee.

Before REAVLEY, KING and BARKSDALE, Circuit Judges.

KING, Circuit Judge:

Plaintiff-appellant Ashland Chemical, Inc. appeals the district court's order granting defendant-appellee Mesh Plastics, Ltd. an award of legal fees under Article 6, Section 9 of the Eastern District of Texas's Civil Justice Expense and Delay Reduction Plan. Because we find that Article 6, Section 9 of that Plan is a fee-shifting provision that was not authorized by Congress, we reverse the district court's award of legal fees to Mesh.

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