FINDINGS OF FACT AND CONCLUSIONS OF LAW
DUFFY, District Judge.
This matter was tried without a jury on May 10, 2005. The court — having heard the arguments, read the briefs of counsel, and considered the evidence — enters a judgment in favor of Plaintiff Zauderer in the amount of $93,888.63 but concludes that Plaintiff is not entitled to attorney's fees based on the following findings of fact and conclusions of law.
I.
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