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| In re Case No. 3-83-00044-HAR | |
| Chapter 7 | |
| KACHEMAK SEAFOODS, INC., | |
| Debtor(s) | |
| KACHEMAK SEAFOODS, INC., | |
| BENNIE LEONARD, TRUSTEE, | |
| Plaintiff(s) | Adv. Pro. 3-83-00044-008-HAR |
| v. | |
| VWH COMPANY, LTD.; STATE OF | |
| ALASKA DEPARTMENT OF
COMMERCE, DIVISION OF INVESTMENTS; and ANY OTHER PARTY WITH NOTICE OF THESE PROCEEDINGS, |
ORDER FOR FURTHER BRIEFING and
TENTATIVE RULING SUBJECT TO DETERMINATION OF CONFLICT OF LAWS QUESTION |
| Defendants(s) | |
| STATE OF ALASKA DEPARTMENT OF
COMMERCE, DIVISION OF INVESTMENTS, | |
| Third-Party Plaintiff, | |
| v. | |
| SEA-BEAR AIR TRANSPORT, LTD. | |
| Third-Party Defendant. |
A hearing was held on October 11, 1990 to consider the
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State of Alaska's motion for attorney fees against VWH Company,
Ltd. The court said it would follow In re Holiday Mobile Home
Resorts, 803 F.2d 977 (9th Cir. 1986) and apply the appropriate
state law to determine whether attorney fees are allowable in this
case. If the court should apply Alaska law to the facts, then I
will award Alaska Civil Rule 82 fees which the State indicates are
$5,982.19. If, on the other hand, Washington law should govern the
attorney fee issue, and that law provides for no fees, than VWH
will not be subject to fees. Since this issue was not been
adequately briefed,
IT IS ORDERED that,
1. The State shall file an opening brief on the issue by Monday, October 22, 1990 and fax a copy to VWH's attorneys by that date.
2. VWH shall file its response by Monday, October 29, 1990, and fax a copy to the State's attorneys.
3. The State may file a reply by November 1, 1990.
4. After November 1, 1990, the debtor should submit a proposed order with the amount of fees left blank.
| DATED: October 11, 1990 | |
| _______________ | |
| HERBERT A. ROSS | |
| Bankruptcy Judge |
| Serve: | |
| W. Grant Stewart, Esq., for State of Alaska | |
| Gina Zadra, Esq., for VWH Company, Ltd. | |
| Peggy Gingras, Adv. Case Mgr. | L1205(HAR/lp) |