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LORILLARD TOBACCO CO. v. ENGIDA

Nos. 08-1037, 08-1334.

611 F.3d 1209 (2010)

LORILLARD TOBACCO COMPANY, a Delaware corporation, Plaintiff-Appellant, v. Isaac G. ENGIDA d/b/a I and G Liquors, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 9, 2010.

Attorney(s) appearing for the Case

Teresa L. Ashmore (Bobbee J. Musgrave with her on the brief), of Holme Roberts & Owen, LLP, Denver, CO, for Plaintiff-Appellant.

Stephen C. Peters (Todd E. Mair with him on the brief), of Peters Law Firm, L.L.C., Denver, CO, for Defendant-Appellee.

Before GORSUCH, McKAY, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

Plaintiff-Appellant Lorillard Tobacco Co. ("Lorillard") appeals from the district court's order granting attorney's fees to Defendant-Appellee Isaac G. Engida under the Lanham Act's fee provision, 15 U.S.C. § 1117(a), and alternatively under section 13-17-102 of the Colorado Revised Statutes. We exercise jurisdiction under 15 U.S.C. § 1121 and 28 U.S.C. § 1291, and REVERSE the award of attorney's fees to Mr. Engida...

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