AMERICAN IRONWORKS & ERECTORS v. NORTH AMER. CONSTR.

No. 99-35379

248 F.3d 892 (2001)

American Ironworks & Erectors Inc., a Washington corporation, by the United States for the use and benefit of; Harry Johnson Plumbing & Excavating Co., Inc., a Washington corporation; E & E Acoustic II Inc/Commercial Constructors Inc, a joint venture of an Oregon corporation and an Idaho corporation, Plaintiffs-Appellees, v. North American Construction Corporation, a Texas corporation doing business in Washington, Defendant, and Federal Insurance Company, a compensated surety from New Jersey doing business in Washington; North American Mechanical Services Corp, a Texas corporation and doing business in Washington dba North American Construction Corporation; Defendants-Appellants, Mikkelborg, Broz, Wells & Fryer, Pllc, ("Mikkelborg Firm"), Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 2001


Attorney(s) appearing for the Case

Todd M. Lonergan, Coats, Rose, Yale, Ryman & Lee, Houston; David R. Trachtenberg, Groff & Murphy, PLLC, Seattle, Washington, for appellant Federal Insurance Company.

Mitchell A. Broz, Mikkelborg, Broz, Wells & Fryer, PLLC, Seattle, Washington, for appellee Mikkelborg, Broz, Wells & Fryer.

Before: M. Margaret McKeown, William A. Fletcher, and Johnnie B. Rawlinson, Circuit Judges.


Argued and Submitted January 9, 2001 — Seattle, Washington

McKEOWN, Circuit Judge:

This case requires us to decide whether an entry of judgment triggers the notice of appeal period for a prior interlocutory order granting, but not disbursing, attorney's fees. We conclude that it does.

BACKGROUND

This litigation began in 1995 as a claim brought by subcontractors for payment for work completed on federal public works projects under the...

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