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SALLY BEAUTY CO., INC. v. BEAUTYCO, INC.

No. 03-6055.

372 F.3d 1186 (2004)

SALLY BEAUTY COMPANY, INC., a Delaware corporation; Marianna Imports, Inc., a Nebraska corporation, Plaintiffs, v. BEAUTYCO, INC., a Delaware corporation, Defendant, Craig S. Fochler; Charles R. Mandly, Jr.; Nathan E. Ferguson; Jill Robb Ackerman; Michael Sullivan, Appellants.

United States Court of Appeals, Tenth Circuit.

June 21, 2004.

Attorney(s) appearing for the Case

Submitted on the briefs:* Craig S. Fochler, Charles R. Mandly, Jr., and Nathan E. Ferguson of Wildman, Harrold, Allen & Dixon, LLP, Chicago, IL, and Jill Robb Ackerman and Michael Sullivan of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, NE, on the briefs for Appellants.

Philip J. Weiser, University of Colorado School of Law, Boulder, CO, on the Amicus Curiae Brief.

Before BRISCOE, BALDOCK, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

A settlement agreement reached on the eve of trial generated the dispute before us. After determining that the parties' attorneys could have alerted the court to the settlement in time to avoid the expense of requiring the attendance of jurors in court the following morning, the district court assessed the expense of the jury impanelment jointly on the parties' counsel. The attorneys for one of the parties, Sally Beauty Co., Inc., appeal the...

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