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DSC COMMUNICATIONS v. NEXT LEVEL COMMUNICATIONS

No. 96-40622.

107 F.3d 322 (1997)

DSC COMMUNICATIONS CORPORATION; DSC Technologies Corporation, Plaintiffs-Appellants and Cross Appellees, v. NEXT LEVEL COMMUNICATIONS; Thomas R. Eames; Peter W. Keeler, Defendants-Appellees and Cross Appellants.

United States Court of Appeals, Fifth Circuit.

February 28, 1997.

Attorney(s) appearing for the Case

Joseph D. Cheavens, Scott F. Partridge, Baker & Botts, Houston, TX, Robert W. Kantner, Baker & Botts, Dallas, TX, for Plaintiffs-Appellants-Cross-Appellees.

Marvin S. Sloman, Tyler A. Baker, III, Rebecca Adams Cavner, Jeffrey S. Levinger, Carrington, Coleman, Sloman & Blumenthal, Dallas, TX, Sheldon Raab, Fried, Frank, Harris, Shriver & Jacobson, New York City, Thomas J. Friel, Jr., Skjerven, Morrill, MacPherson, Franklin & Friel, San Jose, CA, Paul A. Renne, Benjamin Kneeland Riley, Cooley, Godward, San Francisco, CA, for Defendants-Appellees-Cross-Appellants.

Before POLITZ, Chief Judge, and SMITH and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge:

DSC Communications appeals the district court's refusal to aggregate damages awarded to it by a jury for diversion of corporate opportunity and misappropriation of trade secrets, as well as the district court's denial of attorneys' fees. Next Level Communications cross appeals on numerous grounds, alleging that DSC's claims fail, that certain evidence was improperly admitted at trial, and that damages were improperly awarded.

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