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GOTRO v. R & B REALTY GROUP

Nos. 93-56726, 94-55132.

69 F.3d 1485 (1995)

Marsha Kaye GOTRO, Plaintiff-Appellee, v. R & B REALTY GROUP; R & B Management Co., Inc.; Howard F. Ruby; Edward R. Broida, et al., Defendants-Appellants. Marsha Kaye GOTRO, Plaintiff-Appellee, v. R & B REALTY GROUP; Howard F. Ruby; Edward R. Broida; Oakwood Management Company, Inc.; Robert J. Franks; Herbert Rosenblum; Jeff Sturman; Nancy Sturman; Bill Hoffman; Helen Evans; Liza Leonard, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 14, 1995.

Attorney(s) appearing for the Case

Geniene T. Boeck, Gibson, Dunn & Crutcher, Irvine, California, for defendants-appellants.

Bruce E. McManus, Baker & McManus, Santa Ana, California, for plaintiff-appellee.

Before: NOONAN, O'SCANNLAIN, and LEAVY, Circuit Judges.

Opinion by Judge LEAVY; Dissent by Judge O'SCANNLAIN.

LEAVY, Circuit Judge:

In this case we are called upon to decide whether a district court has discretion to award attorneys' fees to a contingency fee litigant under 28 U.S.C. § 1447(c).

I

The issues before us arose out of procedural maneuverings that took place at the outset of this litigation. On March 12, 1993, Marsha Gotro filed an amended complaint in the Superior Court for Orange...

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