Federal Savings And Loan Insurance Corporation v. Angell, Holmes & Lea

842 F.2d 239 FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, a corporate instrumentality of the United States of America, Plaintiff-Appellant/Cross-Appellee, v. ANGELL, HOLMES & LEA, a law partnership, Defendant-Appellee/Cross-Appellant, Van Voorhis & Skaggs, a law partnership, Defendant-Appellee. Nos. 87-1546, 87-1593. United States Court of Appeals, Ninth Circuit. March 29, 1988. Before ANDERSON, NOONAN and THOMPSON, Circuit Judges. ORDER 1 The appellees move to modify the opinion in this case, Federal Savings and Loan Insurance Corp. v. Angell, Holmes & Lea, 838 F.2d 395 (9th Cir.1988), to guide further proceedings in the district court. They assert that the following questions are still open for litigation: 2 whether FSLIC engaged in wrongful conduct in failing to prosecute the action in a timely manner; whether and to what extent FSLIC is responsible for minimizing damages; whether the unclean hands defense and other equitable defenses will bar or reduce FSLIC's claim; whether the firms have a right to accept and keep a "true retainer" (as opposed to a fee advance) irrespective of discharge by the client or its successor, as permitted by California law; whether…