Opinion
No. 13598.
Argued October 6, 1961.
Decided October 19, 1961. Rehearing Denied November 29, 1961.
Paul Ginsburg, pro se.
Elder W. Marshall, Pittsburgh, Pa., for appellees.
Before GOODRICH, STALEY and SMITH, Circuit Judges.
There is no merit in this appeal attacking the judgment of the District Court for the Western District of Pennsylvania. The judgment of the district court will be affirmed.
The appellant's brief will be stricken from the records of this Court because of the false and scandalous matter therein contained.
Moreover, the facts are such as to move us to award the successful party in this wholly frivolous appeal not only his usual costs of printing and the like but an additional sum of $500 on account of counsel fees and other expenses necessarily incurred by the appellees. The authority for this award is found in 28 U.S.C. § 1912, our own decision in In re Midland United Co., 3 Cir., 1944, 141 F.2d 692, and Griffin Wellpoint Corp. v. Munro-Langstroth, Inc., 1 Cir., 1959, 269 F.2d 64.