Sparling v. Hoffman Construction Company, Inc.

864 F.2d 635 RICO Bus.Disp.Guide 7095 Michael J. SPARLING; Jean Sparling; Active Erectors & Installers, Inc., Plaintiffs-Appellants, v. HOFFMAN CONSTRUCTION COMPANY, INC.; Industrial Indemnity Company of the Northwest, Defendants-Appellees. Nos. 87-3931, 87-4436. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1988. Decided Dec. 21, 1988. Edward D. Campbell, Seattle, Wash., for plaintiffs-appellants. Richard S. Twiss, Joseph E. Bringman, Seattle, Wash., for defendants-appellees. Appeal from the United States District Court for the District of Alaska. Before NELSON, BOOCHEVER and BRUNETTI, Circuit Judges. BOOCHEVER, Circuit Judge: 1 Michael and Jean Sparling are the sole shareholders of Active Erectors & Installers, Inc. (Active). The Sparlings and Active appeal from the dismissal of their complaint. They contend that for various reasons Active's claims should not have been dismissed; that the change of venue from Washington to Alaska was improper; that the complaint adequately alleged a claim for fraud; that the Sparlings' claims were not derivative of Active's; and that the award of attorney's fees under Alaska law was improper. We affirm.…