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LUEKER v. FIRST NAT. BANK OF BOSTON (GUERNSEY)

95-2056.

82 F.3d 334 (1996)

Richard D. LUEKER, Plaintiff-Appellee, and Cynthia K. Morris, formerly known as Cynthia K. Boyle, Plaintiff, Roy W. Bidwell, Eileen Bidwell, A. Rolfe Black, Dorothy W. Black, Vaun T. Floyd, Norman C. Barnhart, Donald D. Martin, Willa J. Martin, Daniel E. Boyle, Jr., and Patricia A. Boyle, Plaintiffs-Counter-Defendants, v. FIRST NATIONAL BANK OF BOSTON (GUERNSEY) LIMITED, Defendant-Appellant, and Sunwest Bank of Albuquerque, N.A.; United New Mexico Bank; First Security Bank, N.A., Defendants-Counter-Claimants.

United States Court of Appeals, Tenth Circuit.

April 9, 1996.

Attorney(s) appearing for the Case

Clark Varnell (John M. Eaves and John G. Baugh, with him on the briefs), Eaves, Bardacke & Baugh, P.A., Albuquerque, New Mexico, for Defendant-Appellant.

Bill Chappell, Jr. (Suzanne B. Kinney, with him on the brief), Chappell & Barlow, P.A., Albuquerque, New Mexico, for Plaintiff-Appellee.

Before TACHA, McKAY, and JONES, Circuit Judges.

McKAY, Circuit Judge.

Defendant First National Bank of Boston (Guernsey) Limited (hereinafter "Guernsey") appeals from the district court's denial of its request for attorneys' fees. Guernsey sought attorneys' fees pursuant to New Mexico law for dissolution of a wrongfully obtained preliminary injunction. The district court refused this request, because it believed that Guernsey had engaged in inequitable conduct. We hold, however, that Guernsey is entitled to reasonable...

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