DIAMOND v. JOHN MARTIN CO.

Nos. 83-6117, 83-6142.

753 F.2d 1465 (1985)

Don DIAMOND, Mort Freedman and Nationwide Resources Corporation, an Arizona corporation, Plaintiffs-Appellees/Cross-Appellants, v. The JOHN MARTIN COMPANY; Criterion Development, Inc.; Diamond View Village; John Martin; Frank Fehse; Diamond View Homes, Westmore Development Company and Morwill Construction Company, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 19, 1985.


Attorney(s) appearing for the Case

Randel Davis, Nebenzahl & Kohn, Beverly Hills, Cal., for plaintiffs-appellees/cross-appellants.

Howard M. Bidna, Rhodes, Kendall & Bidna, New Port Beach, Cal., for defendants-appellants/cross-appellees.

Before SNEED, ANDERSON and FERGUSON, Circuit Judges.


J. BLAINE ANDERSON, Circuit Judge:

The John Martin Company, et al. (JMC), appeal an award of $807.50 in attorneys' fees on the ground that the district court abused its discretion in calculating the amount of the award. Don Diamond, et al. (Diamond), cross-appeal, arguing that the post-judgment motion for fees was not timely filed. Our review leads us to conclude that the fees motion was timely filed and that the award of fees, although very small in relationship...

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