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PLOY-AMERICA, L.P. v. STEGO INDUSTRIES, L.L.C.

Civil Action No. 3:08-CV-2224-G.

790 F.Supp.2d 546 (2011)

POLY-AMERICA, L.P., Plaintiff, v. STEGO INDUSTRIES, L.L.C., Defendant.

United States District Court, N.D. Texas, Dallas Division.

May 18, 2011.

Attorney(s) appearing for the Case

Erica W. Harris, Susman Godfrey LLP, Houston, TX, Janet R. Randle, Law Offices of Van Shaw, Terrell W. Oxford, Susman Godfrey LLP, Dallas, TX, for Plaintiff.

Craig B. Florence, Kenneth R. Glaser, Terrell R. Miller, Gardere Wynne Sewell, Dallas, TX, for Defendant.

MEMORANDUM OPINION AND ORDER

A. JOE FISH, Senior District Judge.

Both parties submitted trial briefs regarding the proper construction of the attorney's fees provision in 15 U.S.C. § 1117 ("section 35") and the damages provision in 15 U.S.C. § 1120 ("section 38"). For the reasons set forth below, the court concludes that the applicability of section 35 to this case must be determined after...

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