Lear Siegler, Inc., Energy Products Division v. Lehman
Court of Appeals for the Ninth Circuit
1Per curiam
A panel decision affirming a district court award of attorney fees was taken en banc by a majority vote of the judges of this court, and the case was reargued pursuant to Circuit Rule 35-3. The court has concluded that the award of attorney fees was not authorized by statute. Accordingly, Part III of the decision published in Lear Siegler, Inc. Energy Products Div. v. Lehman, 842 F.2d 1102 (9th Cir.1988) is withdrawn from publication, and the judgment of the district court awarding attorney fees to Lear Siegler is reversed.
Procedural Background
The case was a complex and hard fought challenge…
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