Legal Opinion

Sheldon Engel v. Teleprompter Corporation

Court of Appeals for the Fifth Circuit

Decided May 25, 1984No. 83-1618, 83-1798PublishedCited by 58 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We must decide whether defendants who appealed successfully from an adverse judgment may recover attorneys’ fees from the ultimately unsuccessful plaintiffs, de spite defendants’ failure to seek attorneys’ fees in their pleadings before the district court and this court. We hold that a mandate of this court instructing the district court to dismiss the complaint did not divest the district court of authority to consider an award of attorneys’ fees to the prevailing defendants.

I

Minority shareholders in El Paso Cablevision, Inc. alleged in a lawsuit that…

2Cases cited9 opinions

  1. Sprague v. Ticonic National BankSupreme Court of the United States · 1939
  2. International Harvester Credit Corp. v. East Coast TruckCourt of Appeals for the Fifth Circuit · 1977
  3. Sapp v. RenfroeCourt of Appeals for the Fifth Circuit · 1975
  4. Engel v. Teleprompter Corp.Court of Appeals for the Fifth Circuit · 1983
  5. Equity Capital Company v. Myron Sponder, Individually and as Trustee, and Lawyers Title Guaranty FundCourt of Appeals for the Fifth Circuit · 1969

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3Cited by58 opinions

  1. McGuire v. Russell Miller, Inc.Court of Appeals for the Second Circuit · 1993
  2. Hom Sui Ching v. United StatesCourt of Appeals for the Second Circuit · 2002
  3. Walt Disney Company v. Carl PowellCourt of Appeals for the D.C. Circuit · 1990
  4. Josephine Kaszuk v. Bakery and Confectionery Union and Industry International Pension FundCourt of Appeals for the Seventh Circuit · 1986
  5. Auster Oil & Gas, Inc. v. Matilda Gray StreamCourt of Appeals for the Fifth Circuit · 1985

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