Perino's Restaurant, Inc. v. Harold E. Frank

46 F.3d 1144 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. PERINO'S RESTAURANT, INC., Plaintiff-Appellee, v. Harold E. FRANK, et al., Defendants/Appellants. No. 92-55356. United States Court of Appeals, Ninth Circuit. Argued and Submitted: Sept. 2, 1993. Decided: Jan. 31, 1995. 1 Before: BRUNETTI, KOZINSKI, and BOGGS, * Circuit Judges. 2 MEMORANDUM ** 3 The underlying facts of this dispute involve a complex quarrel among bankruptcy creditors and debtors. However, the only issue before us is the attempt by one of the parties, a creditor and purchaser of assets, to obtain sanctions against the debtor, Perino's Restaurant, based on litigation initiated by Perino's. The district court refused to award such sanctions after it dismissed Perino's suit; the creditors appeal that dismissal and also seek appellate sanctions because Perino's appealed the district court's dismissal, although it later dismissed its appeal. We hold that the district court did not abuse its discretion…