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FELIX v. VICTORY CARRIERS, INC.

Civ. No. 849-69.

342 F.Supp. 1386 (1972)

Virgilio Pizarro FELIX, Plaintiff, v. VICTORY CARRIERS, INC., Defendant and Third Party Plaintiff, v. FRED IMBERT INC., Third Party Defendant.

United States District Court, D. Puerto Rico.

February 14, 1972.

Attorney(s) appearing for the Case

Nachman Feldstein & Gelpí, San Juan, P. R., for plaintiff.

Hartzell, Ydrach, Mellado, Santiago, Perez & Novas, San Juan, P. R., for defendant and third party plaintiff.

Bird & Bird, San Juan, P. R., for third party defendant.

MEMORANDUM OPINION AND ORDER

TOLEDO, District Judge.

After the return of the verdict of the jury, the plaintiff, in accordance with the procedure set out in Pan American World Airways v. Ramos, 1 Cir. 1966, 357 F.2d 341, moved for an award of attorney's fees to be imposed upon the defendant because of its obstinacy. The question of whether a party is entitled to attorney's fees for obstinacy is discretional with the trial...

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