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KONA ENTERPRISES, INC. v. ESTATE OF BISHOP

No. 99-16295

229 F.3d 877 (2000)

KONA ENTERPRISES, INC., individually and derivatively on behalf of Hanford's, Inc. and Nationwide Industries, Inc.; Balanced Value Fund, Tach One, on behalf of Montrose Nationwide Limited Partnership; Wayne M. Rogers; and Jack M. Gertino, Plaintiffs-Appellants, v. ESTATE OF Bernice Pauahi BISHOP, by and through its trustees, Henry H. Peters, Myron B. Thompson, Oswald K. Stender, Richard S.H. Wong, and Lokelani Lindsey; Matsuo Takabuki; William S. Richardson; Myron B. Thompson; Henry H. Peters; Hanford's, Inc.; Nationwide Enterprises, Inc.; Montrose Nationwide Limited Partnership; Snap Products, Inc.; Hanford's Creation, Inc.; and John Does 1-10, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 6, 2000

Attorney(s) appearing for the Case

Russell S. Walker and Reid W. Lambert, Woodbury & Kesler, P.C., Salt Lake City, Utah, for the plaintiffs-appellants.

David Schulmeister and Kelly G. LaPorte, Cades Schutte Fleming & Wright, Honolulu, Hawai'i, for the defendants-appellees.

Before: Harry Pregerson, Michael Daly Hawkins, and M. Margaret McKeown, Circuit Judges.

Argued and Submitted August 2, 2000 — Honolulu, Hawai'i

PREGERSON, Circuit Judge:

This case involves an award of attorneys' fees to defendants. Plaintiffs Kona Enterprises, Inc. ("Kona"), Tach One, Balanced Value Fund ("BVF"), Wayne M. Rogers ("Rogers"), and Jack Gertino ("Gertino") (collectively "plaintiffs") appeal the district court's order granting defendants'1 Fed.R.Civ.P....

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