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HECKETHORN v. SUNAN CORP.

No. 91-16532.

992 F.2d 240 (1993)

Clarence A. HECKETHORN, Trustee of the Clarence A. Heckethorn Living Trust, Plaintiff, and Lionel, Sawyer & Collins, Appellant, v. SUNAN CORP., a Nevada corporation, et. al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 10, 1993.

As Amended July 2, 1993.

Attorney(s) appearing for the Case

David N. Frederick, Lionel, Sawyer & Collins, Las Vegas, NV, for the appellant.

John W. Cotton, LeBoeuf, Lamb, Leiby & MacRae, Los Angeles, CA, for defendants-appellees.

Before PREGERSON, BOOCHEVER, and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

Lionel, Sawyer & Collins (LSC), former counsel for plaintiffs, challenges the district court's conditions to a voluntary dismissal order entered pursuant to Fed.R.Civ.P. 41(a)(2). Plaintiffs accepted the conditions.

The first condition required that LSC pay $12,000 in attorney's fees to Sunan Corporation (Sunan). LSC contends that the district court can neither condition a voluntary dismissal on former counsel's payment of attorney...

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