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U.S. v. CITY AND COUNTY OF SAN FRANCISCO

No. 92-15163.

990 F.2d 1160 (1993)

UNITED STATES of America, Plaintiff, and Frank Cardinale; Michael Ryan; Kevin Walsh; John Payne; Thomas Doudiet; Gary Montague; Philip Kelber; William Carey; Louis Mambretti; Patrick Casserly; Sam Harper, Intervenors-Appellants, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant-Appellee, SAN FRANCISCO FIRE FIGHTERS, LOCAL 798, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, Defendant-Intervenor-Appellee, v. Fontaine DAVIS, Plaintiff-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

April 14, 1993.

Attorney(s) appearing for the Case

Paul F. Higaki, Jr., Hays & Higaki, San Francisco, CA, for intervenors-appellants.

William C. NcNeill, III, Employment Law Center, San Francisco, CA, for intervenor-appellee (Davis).

Before WALLACE, Chief Judge, POOLE, Circuit Judge, and MARSH, District Judge.

ORDER DENYING REQUEST FOR ATTORNEYS' FEES

ORDER

Davis has requested an award of attorneys' fees in this case, on the ground that the appeal was frivolous. Davis's opening brief in this appeal, however, failed to indicate that a request for attorneys' fees would be made. Ninth Circuit Rule 28-2.3 states that any party "who intends to seek attorneys fees for the appeal must include a short statement to that effect [in his brief] and must identify...

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