Unpublished Disposition, 846 F.2d 1383 (9th Cir. 1988)
Annotate this CaseGlenna PITKIN, Plaintiff-Appellee,v.Don FISHER, d/b/a Don Fisher's Fundraising, Defendant-Appellant.
No. 86-4263.
United States Court of Appeals, Ninth Circuit.
Submitted April 18, 1988.* Decided May 2, 1988.
Before JAMES R. BROWNING, HUG and BEEZER, Circuit Judges.
MEMORANDUM**
Fisher appeals from the order of the district court denying an award of attorneys' fees as premature. A provision of the employment contract provides that the prevailing party in an action to enforce the terms of the contract is entitled to attorneys' fees. This action was filed in Oregon by Pitkin. It was removed to federal court by Fisher, after which he moved to dismiss for improper venue. The district court dismissed the complaint without prejudice because of the contractual provision that any action to enforce the contract shall be filed in King County, Washington.
The district court interpreted the contractual provision for attorneys' fees to allow attorneys' fees when the merits of the action have been determined. We agree. The action is now pending in Washington, and any award of attorneys' fees should await the outcome of that action.
The order of the district court is AFFIRMED.
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