STAR PHOENIX MIN. CO. v. WEST ONE BANK

Nos. 97-35197, 97-35312.

147 F.3d 1145 (1998)

STAR PHOENIX MINING COMPANY; Frank Duval; Janice Duval, Plaintiffs-Appellants-Cross-Appellees, and Bunker Limited Partnership; Montana Reserves Co.; Mine Systems Designing; Merlin D. Bingham, Plaintiffs, v. WEST ONE BANK, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 6, 1998.


Attorney(s) appearing for the Case

Joseph A. Esposito, Esposito, Tombari, George, Topliff & Campbell, Spokane, Washington; Daniel P. O'Rourke, Southwell & O'Rourke, Spokane, Washington; and John F. Magnuson, Coeur d'Alene, Idaho, for the plaintiffs-appellants.

C. Matthew Andersen, Winston & Cashatt, Spokane, Washington, for the defendant-appellee.

Before: LAY, GOODWIN and PREGERSON, Circuit Judges.


LAY, Circuit Judge:

Debtor Star Phoenix Mining Company ("Star Phoenix") and its owners, Frank and Janice Duval, appeal the district court's order affirming the bankruptcy court's denial of permanent injunctive relief in their adversary proceeding against creditor West One Bank ("West One"). West One cross-appeals the district court's denial of attorneys' fees. We dismiss the cross-appeal on attorney fees as premature, we otherwise affirm.

Star Phoenix was...

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