THRIFTY OIL CO. v. BANK OF AMERICA NAT. TRUST

No. 00-56159.

322 F.3d 1039 (2003)

THRIFTY OIL CO., Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 19, 2002.

Amended March 6, 2003.


Attorney(s) appearing for the Case

Stephan M. Ray and Robert A. Greenfield, Stutman, Treister & Glatt, Los Angeles, CA, for the appellant.

Matthew S. Walker, Pillsbury Madison & Sutro, San Diego, CA, for the appellee.

Before HALL, THOMPSON, and WARDLAW, Circuit Judges.


ORDER AND AMENDED OPINION

CYNTHIA HOLCOMB HALL, Circuit Judge.

The opinion filed November 19, 2002, is hereby amended to include the following:

Bank of America ("BofA") seeks an award of attorney's fees incurred in connection with this appeal.1 Thrifty disputes BofA's eligibility for attorney's fees, arguing that BofA waived its right to fees in a settlement agreement entered into during proceedings in the bankruptcy...

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