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MARTIN v. FRANKLIN CAPITAL CORP.

No. 02-2048.

393 F.3d 1143 (2004)

Gerald T. MARTIN and Juana M. Martin, individually and on behalf of all persons similarly situated, Plaintiffs-Appellants, v. FRANKLIN CAPITAL CORPORATION, a Utah corporation; and Century-National Insurance Company, a California corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 30, 2004.

Attorney(s) appearing for the Case

James M. Pietz of Malakoff Doyle & Finberg, P.C., Pittsburgh, Pennsylvania (Michael P. Malakoff of Malakoff Doyle & Finberg, P.C., Pittsburgh, Pennsylvania; and Richard N. Feferman of Albuquerque, NM, on the briefs), for Plaintiffs-Appellants.

Jan T. Chilton of Severson & Werson, San Francisco, CA, for Defendant-Appellee Franklin Capital Corporation.

Stevan Douglas Looney (Jay D. Hertz on the brief) of Sutin, Thayer & Browne, Albuquerque, NM, for Defendant-Appellee Century-National Insurance Company.

Before SEYMOUR and BRISCOE, Circuit Judges, and PAYNE, District Judge.

SEYMOUR, Circuit Judge.

Gerald T. Martin and Juana M. Martin (Martins) sought an award of attorney's fees and expenses pursuant to 28 U.S.C. § 1447(c) from Franklin Capital Corporation and Century-National Insurance Company (defendants) after this court determined defendants should not have removed the instant action to federal court. The district court denied the Martins' request for fees and expenses, and they appeal...

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