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A. L. McALISTER TRUCKING CO. v. BHY TRUCKING
United States Court of Appeals, Fifth Circuit. Unit A.
Apr 17, 1981
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PER CURIAM:
The judgment of the district court is affirmed in all respects. This appeal is frivolous. We therefore award double costs to the appellee. See 28 U.S.C. ยง 1912 (1976); Fed.R.App.P. 38. Under California law, the appellee is also entitled to attorneys fees for its appeal. See T.E.D. Bearing Co. v. Walter E. Heller Co., 38 Cal.App.3d 59, 112 Cal.Rptr. 910, 914-15 (Cal.App. 1974). We need not, however, remand this case to the district court for a determination of the exact amount of these fees. E.g., In re TMT Trailer Ferry, Inc., 577 F.2d 1296, 1304 (5th Cir. 1978). In the interests of judicial economy, we award $1,000 to the appellee for its attorneys fees on appeal.
AFFIRMED.
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