Insurance Company of North America v. Ina Insurance Company, Ltd., AKA American Emerald Insurance Company

Good Law
8 F.3d 27·1993 WL 402941·1993 U.S. App. LEXIS 34511
United States Court of Appeals for the Ninth CircuitOctober 7, 199392-15992California681 words

Opinion

Opinion

8 F.3d 27 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-Appellee, v. INA INSURANCE COMPANY, LTD., aka American Emerald Insurance Company, Defendant-Appellant. No. 92-15992. United States Court of Appeals, Ninth Circuit. Submitted Oct. 5, 1993. * Decided Oct. 7, 1993. Before: BOOCHEVER, THOMPSON and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 INA Insurance Company, Ltd., aka American Emerald Insurance Company ("American Emerald"), appeals the district court's award of $30,000 in attorneys' fees to Insurance Company of North America ("INA"). We affirm. 3 American Emerald first claims that the district judge erred in awarding attorneys' fees to INA because INA was not the "prevailing party." INA brought an ex parte contempt proceeding against American Emerald. The district judge exercised her equitable powers to convert the contempt motion into a motion to modify and strengthen the consent injunction between the parties. In…

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