Legal Opinion
United States of America, Ex Rel., Thomas G. Leno, Dorothy Leno Dba T & D Construction v. Summit Construction Company
Court of Appeals for the Ninth Circuit
Decided December 19, 1989No. 88-4122PublishedCited by 29 opinions
1Opinion of the Court
NELSON, Circuit Judge:
Appellants Thomas and Dorothy Leno dba T & D Construction (“Leno”) challenge a denial of attorneys’ fees and the amount of damages awarded by the trial court. Leno argues that its claims against appel-lees Wausau and Summit Construction were pendent state claims and that as the prevailing party under Idaho law it is entitled to attorneys’ fees. The district court refused to award fees on the ground that the action arose under the Miller Act, 40 U.S.C. §§ 270a-270b (1982), which does not allow fee awards. Because we agree with the district court that Leno's claims were…
2Cases cited10 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
- Robert Ellingson, Jr. v. Burlington Northern, Inc., Dba Burlington Northern Railway, and Western Pacific Railroad Company, a CorporationCourt of Appeals for the Ninth Circuit · 1981
- Mitchell v. KeithCourt of Appeals for the Ninth Circuit · 1985
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Towerridge, Inc., Sued as United States of America for the Benefit of Towerridge, Inc., and v. T.A.O., Inc., and Mid-Continent Casualty Co., AndCourt of Appeals for the Tenth Circuit · 1997
- Resolution Trust Corporation, in Its Capacity as Receiver of Midwest Federal Savings Bank of Minot, Counter-Defendants/appellants v. Midwest Federal Savings Bank of Minot, a Federally Chartered Savings Association, as Trustee Centennial Estates, Inc. La Plata Investors John F. Nolan Gregory M. Beck Gerald G. Wilson Tmkb Associates John S. Tighe William D. McBrearty Michael J. Kiley, and Orangegate Investors, a California Limited Partnership, Counter-Claimant/appellee. Resolution Trust Corporation, in Its Capacity as Receiver of Midwest Federal Savings Bank of Minot v. Midwest Federal Savings Bank of Minot, a Federally Chartered Savings Association, as Trustee, and Orangegate Investors Centennial Estates, Inc. La Plata Investors John F. Nolan Gregory M. Beck Tmkb Associates Gerald G. Wilson Main St. Investors Royce T. Breazeale, Jr. Michael J. KileyCourt of Appeals for the Ninth Circuit · 1994
- United States Ex Rel. Varco Pruden Buildings v. Reid & Gary Strickland Co.Court of Appeals for the Fifth Circuit · 1998
- Bankr. L. Rep. P 74,301, 37 cont.cas.fed. (Cch) P 76,201 United States of America for the Use of American Bank, Cross-Appellees v. C.I.T. Construction Incorporated of Texas, Cross-Appellant, and Fireman's Insurance Company of Newark, New Jersey, CarlosCourt of Appeals for the Fifth Circuit · 1991
- Gap v. Puna Geothermal VentureHawaii Supreme Court · 2004
24 more not listed; retrieve them via the Exa API.