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DALESKE v. FAIRFIELD COMMUNITIES, INC.

No. 93-1376.

17 F.3d 321 (1994)

Phyllis G. DALESKE, Arthur E. Eschenbach, Marie L. Eschenbach, Robert E. Fiedler, Shirley M. Fiedler, Charles B. West, Doris J. West, D.A. White & Co., Inc., Joan L. White, doing business as D.A. Enterprises, Individually and as representatives of a class consisting of all those owning interests in residential lots, townhouses or condominiums located in the "Pagosa Development," which were sold by Fairfield after March 1, 1983, Plaintiffs-Counter-Claim-Defendants-Appellants, v. FAIRFIELD COMMUNITIES, INC., a Delaware Corporation, Defendant-Counter-Claimant-Appellee, and Colorado Land Title Company, a Colorado Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 28, 1994.

Attorney(s) appearing for the Case

Gerald Sawatzky, Foulston & Siefkin, Wichita, Kansas, for Plaintiffs-Counter-Claim-Defendants-Appellants.

Gregory M. Gordon and Robert H. Stone of Jones, Day, Reavis & Pogue, Dallas, Texas, Keith Newbold of Shand, McLachlan & Newbold, Durango, Colorado, for Defendant-Counter-Claimant-Appellee Fairfield Communities, Inc. and Defendant-Appellee Colorado Land Title Company.

Before TACHA and BRORBY, Circuit Judges, and BROWN, Senior District Judge.

BRORBY, Circuit Judge.

Plaintiffs-appellants appeal the district court's denial of their request for attorney's fees and costs stemming from the removal and remand of their state court lawsuit against defendant-appellee Fairfield Communities, Inc.1 Because the court did not use an incorrect legal standard and did not abuse its discretion in denying fees and costs, we affirm.

Fairfield Communities...

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