Hubbard v. Kayo Oil Co.

MEMORANDUM **

Defendant-Appellant Kayo Oil Company (Kayo) appeals the district court’s denial of attorney fees following an award of summary judgment in favor of Kayo. As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition.

I. The District Court’s Order Granting Summary Judgment

We find the district court’s December 22, 2006 “Order Granting Defendants’ Motion for Summary Judgment” too ambiguous to permit us to rule on most of the issues appealed in this case. We therefore vacate the order and remand the case to…