Maier Brewing Company, a Corp. v. The Fleischmann Distilling Corp., Maier Brewing Company, a Corp. v. James Buchanan & Co., Ltd.

Following this court’s decision in Fleischmann Distilling Corporation v. Maier Brewing Company, 1963, 314 F.2d 149 , the district court entered judgment pursuant to our mandate enjoining Maier Brewing Company from distributing, selling or offering for sale any alcoholic beverage labeled or named with the words “Black & White” not blended and bottled by James Buchanan & Company Limited. The judgment further recited that the plaintiffs (Fleischmann Distilling Corporation and James Buchanan & Company Limited) were entitled to recover from defendants (Maier Brewing Company and Ralphs Grocery Company) a reasonable amount for attorneys’ fees and litigation expenses incurred in this suit in the district court, in the United States Court of Appeals, and in the United States Supreme Court, and fixed the time for hearing to determine the amount of such fees and expenses. Thereafter a hearing was held at which evidence on behalf of all parties was received, and the district court, on April 30,1964, entered an order awarding plaintiffs, as attorneys’ fees, the sum of $60,000 and further sums by way of costs. Appellants have now appealed from that order.

Their first appeal, our No. 19,486,…