Legal Opinion
Paula C. Bass, of the Estate of Arthur C. Bass v. First Pacific Networks, Inc., and T. Paul Fire & Marine Insurance Company
Court of Appeals for the First Circuit
Decided July 14, 2000No. 97-15127PublishedCited by 48 opinions
1Opinion of the Court
THOMAS, Circuit Judge:
We are presented with the question whether, in an action in which the district court’s jurisdiction is supplemental, federal or state law governs the recoverability of attorney’s fees incurred in filing a motion under Federal Rule of Civil Procedure 65.1 to enforce a supersedeas bond posted under Federal Rule of Civil Procedure 62(d). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we agree with the district court’s conclusion that federal law controls and that attorney’s fees are not recoverable.
I
Arthur Bass, now deceased, originally filed an action in state…
2Cases cited10 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Hanna v. PlumerSupreme Court of the United States · 1965
- Debra Ackerman v. Western Electric Company, Inc., a Corporation, Debra Ackerman v. Western Electric Company, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1988
- Holden v. HagopianCourt of Appeals for the Ninth Circuit · 1992
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3Cited by48 opinions
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- Arwen Bird v. Lewis & Clark College Thomas Darrow, Phd Larry A. Meyers, Arwen Bird v. Lewis & Clark College Thomas Darrow, Phd Larry A. MeyersCourt of Appeals for the Ninth Circuit · 2002
- Berkla v. Corel Corp.Court of Appeals for the Ninth Circuit · 2002
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