Jacqueline Payne Jacob Payne Randy W. Lowe Ferdinand Samuel Daniel Sailors v. Exxon Corporation, and Veco, Inc.

73 F.3d 370 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jacqueline PAYNE; Jacob Payne; Randy W. Lowe; Ferdinand Samuel; Daniel Sailors, Plaintiffs-Appellants, v. EXXON CORPORATION, et al., Defendants, and Veco, Inc., Defendant-Appellee. No. 95-35183. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1995. * Decided Dec. 29, 1995. Before: FLETCHER, KOZINSKI, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Jacqueline Payne, Jacob Payne, Randy Lowe, Ferdinand Samuel, and Daniel Sailors (Appellants), appeal the district court's entry of final judgment pursuant to Fed.R.Civ.P. 54(b) on their claims against VECO, Inc. (VECO). VECO asserts that this appeal is frivolous and requests costs and attorney's fees as damages under Fed.R.App.P. 38. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm the district court. We deny VECO's request for costs and attorney's fees with leave to file a motion under Fed.R.App.P. 38. FACTS AND PRIOR PROCEEDINGS 3 Appellants…