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ALTERNATIVE ENERGY v. ST. PAUL FIRE & MARINE

No. 02-1232.

311 F.3d 450 (2002)

ALTERNATIVE ENERGY, INC., Beaver-Cadillac, GP, Inc., Beaver Plant Operations, Inc., Christopher Hutchins, Plaintiffs, Appellees, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 22, 2002.

Attorney(s) appearing for the Case

Jeffrey J. Ward, with whom Richard A. Simpson, and Ross, Dixon & Bell, L.L.P. were on brief, for appellant.

Joanne I. Simonelli, with whom Jeffrey Bennett, The Bennett Law Firm, P.A., Daniel G. Lilley, Esq., and Daniel G. Lilley Law Offices, P.A., were on brief, for appellees.

Before BOUDIN, Chief Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

JOHN R. GIBSON, Senior Circuit Judge.

St. Paul Fire and Marine Insurance Company appeals from a district court order denying its claim for the attorneys' fees it incurred in defending the original action brought by Alternative Energy, Inc., Beaver-Cadillac, G.P., Inc., Beaver Plant Operations, Inc., and Christopher Hutchins.1 The district court rejected St. Paul's motion under 28 U.S.C. § 2202 (2000) for further relief, relying upon...

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