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VANGUARD ENVIRONMENTAL, INC. v. KERIN

No. 07-5077.

528 F.3d 756 (2008)

VANGUARD ENVIRONMENTAL, INC., Plaintiff-Counter-Defendant-Appellee, v. Dermot M. KERIN; United Services Environmental, Inc., Defendants-Counter-Claimants-Appellants.

United States Court of Appeals, Tenth Circuit.

June 9, 2008.

Attorney(s) appearing for the Case

Michael C. Redman, Doerner, Saunders, Daniel & Anderson, L.L.P., Tulsa, OK, appearing for Appellant.

J. Patrick Mensching, Lyons, Clark & Mensching, Inc., Tulsa, OK, appearing for Appellee.

Before TACHA, EBEL, and McCONNELL, Circuit Judges.

TACHA, Circuit Judge.

Defendants-Appellants Dermot M. Kerin and United Services Environmental, Inc. ("United Services") appeal from the district court's order denying them attorneys' fees under Federal Rules of Civil Procedure 41 and 54. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we AFFIRM.

I. BACKGROUND

Mr. Kerin was hired as a regulatory specialist by Plaintiff-Appellee Vanguard Environmental, Inc. ("Vanguard"), an environmental...

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