Louis Scherzer Partners Lp v. Federal Deposit Insurance Corporation in Its Corporate Capacity

101 F.3d 705 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. LOUIS SCHERZER PARTNERS LP, Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION in its corporate capacity, Defendant-Appellee. No. 95-35732. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 7, 1996. Decided Nov. 15, 1996. Before: CANBY, RYMER, and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Plaintiff/Appellant Louis Scherzer Partners, LP, appeals from the district court's grant of summary judgment in Defendant/Appellee FDIC's favor. Scherzer also appeals from the district court's grant of the FDIC's request for attorneys' fees. 3 We conclude that the FDIC was entitled to summary judgment because the doctrines of mutual mistake and frustration of purpose are inapplicable in this case. We also find that the district judge did not abuse her discretion in granting the FDIC's request for attorneys' fees. Therefore, we affirm. 4 We need not set forth the facts because the parties are…