Opinion
No. 93-15253
Filed September 9, 1996
D.C. No. CV-88-03820-CAL.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES.
Before: J. Clifford Wallace, Senior Circuit Judge; Diarmuid F. O'Scannlain, Circuit Judge; and Robert J. Kelleher, District Judge.
At the time of submission, the Honorable J. Clifford Wallace was sitting as Chief Judge of the United States Court of Appeals for the Ninth Circuit.
The Honorable Robert J. Kelleher, Senior United States District Judge for the Central District of California, sitting by designation.
ORDER
In light of the Supreme Court's decision in Lane v. Pena, 518 U.S. ___, 116 S.Ct. 2092 (1996), the district court's judgment in favor of Defendants-Appellees is AFFIRMED. The case is REMANDED to the district court for consideration of whether attorneys fees should be awarded, and if so, the amount of the award.