HINDE v. PROVIDENT LIFE AND ACC. INS. CO.

Nos. 95-35463, 95-35532.

112 F.3d 412 (1997)

Patricia L. HINDE, Plaintiff-Appellant-Cross-Appellee, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

April 25, 1997.


Attorney(s) appearing for the Case

Peter R. Ellis, Ketchikan, Alaska; Cecil B. Strange, Portland, Oregon, for plaintiff-appellant-cross-appellee.

Liam J. Moran, Moran & Sarafin, Anchorage, Alaska, for defendant-appellee-cross-appellant.

Before: GOODWIN, BRUNETTI and KOZINSKI, Circuit Judges.


ORDER

Provident Life and Accident Insurance Co., the prevailing party in a diversity action brought under Alaska law, applied to this court for attorney's fees on appeal pursuant to Alaska Rule of Appellate Procedure 508(e) (hereinafter "Alaska 508"). Plaintiff-Appellant resisted on the ground that Federal Rule of Appellate Procedure 38 (hereinafter "Rule 38") trumps state law in this case. The motion is denied.

The predicate litigation was disposed of by...

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