Opinion
Nos. 504, 505, Dockets 75-7518, 75-7679.
Argued November 18, 1976.
Decided December 6, 1976.
C. MacNeil Mitchell, New York City (Breed, Abbott Morgan, New York City, Stephen R. Lang, George F. Vary, New York City, of counsel), for plaintiff-appellee.
Robert R. MacDonnell, New York City (Trubin Sillcocks Edelman Knapp, New York City), for defendants-appellants.
Appeal from the District Court for the Southern District of New York.
Before WATERMAN, FRIENDLY and MULLIGAN, Circuit Judges.
On this appeal from a judgment against the defendants-appellants for money damages, we affirm on the opinion of Hon. Whitman Knapp, United States District Court Judge, Southern District of New York, reported at 401 F.Supp. 729 (S.D.N.Y. 1975). The appellants also appeal from Judge Knapp's order denying a new trial on the alleged ground of newly discovered evidence. The order is affirmed as we find that appeal to be totally without merit and frivolous. Therefore, pursuant to 28 U.S.C. § 1912 and Fed.R.App.P. 38, we assess the appellants double costs and, in addition, $1,500 in attorneys' fees.
See also Judge Bauman's opinion on a motion for summary judgment in this case, 373 F.Supp. 191 (S.D.N.Y. 1974).