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LUSSIER v. DOLLAR TREE STORES, INC.

No. 06-35148.

518 F.3d 1062 (2008)

John LUSSIER; Mary Hawks, individually, and on behalf of all other similarly situated, Plaintiffs-Appellants, v. DOLLAR TREE STORES, INC., a Foreign Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 7, 2008.

Attorney(s) appearing for the Case

J. Dana Pinney, Bailey, Pinney & Associates LLC, Vancouver, WA, Jacqueline L. Koch, Vancouver, WA (argued), for the plaintiffs-appellants.

Kevin H. Kono, Davis Wright Tremaine LLP, Portland, OR, for the defendant-appellee.

Before: PAMELA ANN RYMER and RICHARD A. PAEZ, Circuit Judges, and CORMAC J. CARNEY, District Judge.

RYMER, Circuit Judge:

John Lussier and Mary Hawks, putative class representatives in litigation against Dollar Tree Stores, Inc., appeal the district court's denial of their request for attorney's fees following their successful motion to remand the underlying action after it had been removed by Dollar Tree pursuant to the recently enacted Class Action Fairness Act of 2005 (CAFA). 28 U.S.C. § 1332(d)(2) (2005). We conclude...

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