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U.S. EX REL. LENO v. SUMMIT CONST. CO.

No. 88-4122.

892 F.2d 788 (1989)

UNITED STATES of America, ex rel., Thomas G. LENO, Dorothy Leno dba T & D Construction, Plaintiffs-Appellants, v. SUMMIT CONSTRUCTION COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 19, 1989.

Attorney(s) appearing for the Case

Jeffrey J. Hepworth, Hepworth, Nungester & Lezamia, Twin Falls, Idaho, for plaintiffs-appellants.

Lloyd J. Walker, Twin Falls, Idaho, for defendants-appellees.

Before NELSON, BOOCHEVER and TROTT, Circuit Judges.

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 appellees 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...

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