Foster v. Jesup and Lamont Securities Co.

Full title: J. DON FOSTER, AN INDIVIDUAL, PLAINTIFF-APPELLEE, CROSS-APPELLANT, v…

Court: United States Court of Appeals, Eleventh Circuit

Date published: Feb 4, 1986

782 F.2d 901 (11th Cir. 1986)

Opinion

Nos. 83-7573, 84-7255.

February 4, 1986.

W. Ramsey McKinney, Jr., Mobile, Ala., for J. Don Foster.

William H. Hardie, Jr., Richard Petermann, Mobile, Ala., John L. Taylor, Jr., Atlanta, Ga., for Texas Partners '80 Ltd., et al.

John L. Schaub, John L. Taylor, Jr., Atlanta, Ga., William H. Hardie, Jr., Mobile, Ala., for Jesup Lamont.

Appeals from the United States District Court for the Southern District of Alabama; Virgil Pittman, Judge.

Before KRAVITCH and ANDERSON, Circuit Judges, and ATKINS^_, Senior District Judge.

_ Hon. C. Clyde Atkins, Senior U.S. District Judge for the Southern District of Florida, sitting by designation.

PER CURIAM:

In light of the answers to certified questions by the Supreme Court of Alabama, 482 So.2d 1201 (Ala. 1986), the judgment of the district court is AFFIRMED. With respect to Foster's claim that the district court erred in its award of attorney's fees, we conclude that there is no error. Foster is entitled to attorney's fees on this appeal, the amount to be determined by the district court. Costs on appeal shall be borne by Jesup and Lamont.