Grid Systems Corp. v. John Fluke Manufacturing Company

41 F.3d 1318 GRiD SYSTEMS CORP., a California Corporation, Plaintiff, and Fenwick & West, Appellant, v. JOHN FLUKE MANUFACTURING COMPANY, INC., a Washington corporation; Dynatec System Corp., an Illinois corporation, Defendant-Appellee. No. 93-15582. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 7, 1994. Decided Dec. 5, 1994. David W. Slaby and Donald J. West, Fenwick and West, Palo Alto, CA, for appellant. Christopher J. Rillo, Chew, Rillo & Chung, San Francisco, CA, for appellees. Appeal from the United States District Court for the Northern District of California. Before: SCHROEDER, FERGUSON, and RYMER, Circuit Judges. PER CURIAM: 1 Fenwick and West, counsel for plaintiff GRiD Systems Corporation ("GRiD"), challenges the district court's imposition of sanctions against them pursuant to 28 U.S.C. Sec. 1927 . We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We reverse. I. FACTS 2 In March, 1990, John Fluke Manufacturing Company, Inc. ("Fluke") contracted to have GRiD provide an automation system. Dynatec Systems Corporation ("Dynatec") was retained by GRiD to design the software for the new computer system. 3 Dynatec failed to produce…