Fayette R. Barton, on Behalf of Himself and All Other Stockholders of Alabama By-Products Corporation, Inc. v. Drummond Company, a Corporation

THOMAS A. CLARK, Circuit Judge:

This case comes to us from a district court order and memorandum of decision dismissing plaintiff’s motion for the award of attorney’s fees on the ground that plaintiff had failed to establish an exception to the “American Rule” which prohibits the award of attorneys’ fees in the absence of a specific statutory or contractual provision. We find that the district court erred in dismissing appellant’s suit for attorneys’ fees without having first conducted an evidentiary hearing. We therefore remand for an evidentiary hearing to determine the facts relating to the…