Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Appeal from the United States District Court for the Southern District of California, Wm. Fremming Nielsen, Chief Judge, Presiding. D.C. No. CV-98-02036-WFN.
Aaron P. Morris, The Morris Law Firm, Costa Mesa, CA, for Plaintiff-Appellee.
James F. McCarthy, III, Katz, Teller, Brant & Hild, Cincinnati, OH, for Defendant-Appellant.
Before: SCHROEDER, Chief Judge, W. FLETCHER, Circuit Judge, and WEINER, District Judge.
The Honorable Charles R. Weiner, Senior United States District Judge for the Eastern District of Pennsylvania, sitting by designation.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Complete Sales Representation, Inc. appeals from the district court's denial of its
Page 173.
motion for attorneys' fees and costs following our remand in CDM Manufacturing Co., v. Complete Sales Representation, Inc., No. 01-56138, 50 Fed.Appx. 348 decided October 29, 2002.
The appeal is without merit. Complete Sales was not a prevailing party on any claim under any statute authorizing fees. Its interests at all times were aligned with those of its related co-defendant company, Corry Manufacturing. We affirmed a substantial damage award against Corry in the prior appeal.
The order of the district court is AFFIRMED.