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MORRIS BY RECTOR v. PETERSON

No. 85-1931.

871 F.2d 948 (1989)

Summer MORRIS, a minor, by her Guardian, Leo W. RECTOR, Plaintiffs-Appellants, v. Ken M. PETERSON, individually, and Morris, Laing, Evans, Brock & Kennedy, Chartered, a Kansas Chartered Law Firm, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 31, 1989.

Attorney(s) appearing for the Case

Robert Dunlap, Colorado Springs, Colo. (Anthony A. Johnson, Rector, Retherford, Mullen & Johnson, Colorado Springs, Colo., was also on the brief), for plaintiffs-appellants.

Ken M. Peterson, Morris, Laing, Evans, Brock & Kennedy, Wichita, Kan. (Joseph J. Hlavacek, Morris, Laing, Evans, Brock & Kennedy, Wichita, Kan., was also on the brief), for defendants-appellees.

Before HOLLOWAY, Chief Judge, and ANDERSON, Circuit Judge, and BRIMMER, District Judge.

HOLLOWAY, Chief Judge

The procedural posture here is complicated but the legal issue is simple: May a district court assess appellate attorney's fees under either its inherent equitable powers or 28 U.S.C. § 1927 when the application is made in a district court of another district than the one from which the appeal was taken? We hold that under these circumstances a district court may not make such an award and we reverse.

I

In a Colorado state...

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