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BURLINGTON COAT FACTORY WAREHOUSE v. BELK BROS. CO

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK


October 31, 1985

BURLINGTON COAT FACTORY WAREHOUSE, Plaintiff,
v.
BELK BROTHERS COMPANY, BELK STORES BUYING SERVICE INC., JANTZEN, INC., AND WHITE STAG MANUFACTURING COMPANY, Defendant

The opinion of the court was delivered by: SAND

ORDER AND JUDGMENT

LEONARD B. SAND, UNITED STATES DISTRICT JUDGE

Defendant White Stag Manufacturing Company ("White Stag"), having moved by Notice of Motion dated March 4, 1985 for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure ("Federal Rules") dismissing the Complaint herein and, as part of said Motion, defendant White Stag having made application to the Court for the award of attorneys' fees and expenses pursuant to 28 USC ยง 1927, Rule 11 of the Federal Rules, and the general equitable powers of this Court,

 And, the said Motion having duly come on to be heard before the Honorable Leonard Sand, United States District Judge, on April 19, 1985, and the Court having heard oral argument on the said date and having duly deliberated thereon and having rendered its Decision dated October 16, 1985 granting defendant White Stag's motion for summary judgment and awarding White Stag attorneys' fees and expenses for the period beginning April 1, 1985.

 NOW, THEREFORE, it is

 ORDERED, ADJUDGED AND DECREED:

 1. That plaintiff's Complaint as against defendant White Stag is hereby dismissed with prejudice, with costs to be taxed by the Clerk of the Court; and

 2. That defendant White Stag is hereby awarded $ 10,417.00 in attorneys fees and $ 344.18 in expenses.

 Dated: New York, New York, October 31, 1985.

19851031

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