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U.S. v. PEPPER'S STEEL & ALLOYS, INC.

No. 01-11249.

289 F.3d 741 (2002)

UNITED STATES of America, Plaintiff, v. PEPPER'S STEEL & ALLOYS, INC., Defendant, Cross-Defendant, Third-Party Plaintiff, Appellant, Cross-Appellee, Florida Power & Light Company, Defendant, Cross-Defendant, Norton Bloom, Defendant, Third-Party-Plaintiff, Appellant, Cross-Appellee, Thomas A. Curtis, William Payne, Flora Payne, Lowel Payne, Defendants, Home Insurance Company, Miami Battery Manufacturing Company, Transportation Insurance Co., Continental Casualty Company, Certain Underwriters at Lloyd's London, London and Insurance Companies subscribing to twenty-two policies numbered inclusively C116-8, L1024-27, L1209-12, C116-18, C1024-27, and C1209-12 (Wallis and Companies) a.k.a. London Market Insurers, Lexington Insurance Company, Third-Party Defendants, United States Fidelity and Guaranty Company, Third-Party Defendant, Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 25, 2002.

Attorney(s) appearing for the Case

Richard M. Bales, Jr., Miami, FL, for Pepper's Steel & Alloys, Inc. and Norton Bloom.

Walter J. Andrews, Shaw Pittman, Washington, DC, Edward J. Grass, McLean, VA, Richard L. Wassenberg, Ponzoli, Wassenberg & Sperkacz, P.A., Miami, FL, for United States Fidelity and Guaranty Co.

Before BIRCH and WILSON, Circuit Judges, and DOWD, District Judge.

PER CURIAM:

Pepper's Steel & Alloys, Inc., and Norton Bloom (collectively Pepper's Steel) appeal the district court's determination that, under section 627.428 of the Florida Statutes, they are not entitled to attorneys' fees incurred in seeking to enforce a settlement agreement with United States Fidelity and Guaranty Co. (USF&G). Finding that this case turns on an important question of state law for which there...

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