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STEPHANIE-CARDONA v. SMITH'S FOOD AND DRUG CENTERS

Nos. 05-15360, 05-15543.

476 F.3d 701 (2007)

STEPHANIE-CARDONA LLC, Plaintiff-Appellant, v. SMITH'S FOOD AND DRUG CENTERS, INC., Defendant-Appellee. Stephanie-Cardona LLC, Plaintiff-Appellee, v. Smith's Food and Drug Centers, Inc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 6, 2007.

Attorney(s) appearing for the Case

Gordon H. Warren, Kirk B. Lenhard, Jones Vargas, Las Vegas, NV, for the plaintiff-appellant-cross-appellee.

James D. Kilroy, Snell & Wilmer, Denver, CO, for the defendant-appellee-cross-appellant.

Before: GOODWIN, TASHIMA, and W. FLETCHER, Circuit Judges.

GOODWIN, Circuit Judge:

This appeal and cross-appeal grew out of a contract dispute between Stephanie-Cardona, LLC ("Stephanie-Cardona"), a real estate development firm, and Smith's Food & Drug Centers, Inc. ("Smith's"), a grocery store operator. Stephanie-Cardona appeals a summary judgment in favor of Smith's, and the cross-appeal challenges the denial of Smith's request for attorney's fees and costs. Because Stephanie-Cardona's notice of appeal was untimely...

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