Grant S. Lyddon v. Geothermal Properties, Inc.

Good Law
93 Daily Journal DAR 7621·996 F.2d 212·1993 WL 208703·25 Fed. R. Serv. 3d 1310·1993 U.S. App. LEXIS 14294
United States Court of Appeals for the Ninth CircuitJune 17, 199392-55466California1,614 words

Opinion

Opinion

Grant S. Lyddon contests the district court’s award of $54,728.05 in attorney’s fees, double costs, and related damages to Geothermal Properties, Inc. (GPI). This award was made pursuant to this court’s order imposing Fed.R.App.Pro. 38 sanctions. The district court had jurisdiction under 28 U.S.C. § 1332 (a)(1). This court has jurisdiction under 28 U.S.C. § 1291 . For the reasons stated below we reverse the district court’s award and impose sanctions in the amount of $26,493.40.

BACKGROUND

This protracted litigation began on June 22, 1989, when Lyddon sued GPI alleging that the company had fraudulently induced him to sell ten geothermal leases in 1982. On January 29,1990, the district court granted GPI’s motion for summary judgment. However, it denied GPI’s motion for Rule 11 sanctions.

On March 5, 1990, Lyddon appealed the district court’s grant of summary judgment. GPI responded by filing a cross-appeal from the denial of its request for Rule 11 sanctions. This court affirmed the district court’s judgment on both claims. In addition, we granted GPI’s motion for Rule 38 sanctions. We found Lyddon’s appeal to be wholly frivolous and awarded GPI “the full measure of sanctions —…

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