Exhibitors Poster Exchange, Inc. v. National Screen Service Corp.

ALVIN B. RUBIN, Circuit Judge.*

On remand, it is my duty to execute the Mandate of the Fifth Circuit Court of Appeals, to “determine the amount of costs and damages to be paid to the appellees as provided by 28 U.S.C. § 1912.” The opinion of that Court, however, also states:

“The appellees have filed in this Court a motion for damages for frivolous appeal under Rule 38, F.R.A.P. The motion is well taken.” (emphasis supplied)

Later in the same paragraph, the opinion reads:

“We remand this case to the district court to determine the amount of costs and damages to be paid to the appellees, as…