Unpublished Disposition, 908 F.2d 976 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 908 F.2d 976 (9th Cir. 1989)

FEDERAL LAND BANK OF SPOKANE, Plaintiff-Appellee,v.Martin N. WOLTERS, Doris Marie Wolters, Defendants-Appellants,andUnited States of America, acting through the InternalRevenue Service, Artiach Trucking, Inc., Defendants.

No. 89-35094.

United States Court of Appeals, Ninth Circuit.

Submitted July 12, 1990.* Decided July 25, 1990.

Before FLETCHER, FERGUSON and FERNANDEZ, Circuit Judges.


MEMORANDUM** 

In this appeal appellants Wolters assert that the federal district court was without jurisdiction, and that they were denied opportunity to answer appellee's motion for summary judgment.

While we review a grant of summary judgment de novo, Kruso v. International Telephone & Telegraph Corp., 872 F.2d 1416, 1421 (9th Cir. 1989), after examining the record we find that appellants' arguments were fully answered in the District Court's Order of January 4, 1989 denying the Wolters' motion to dismiss and granting summary judgment for appellee. We affirm for the reasons set forth by the district court.

As noted by the district court, the appellants' claims are frivolous. Appellee is awarded costs and reasonable attorneys' fees for this appeal. The appellee shall file within 30 days all necessary documents and affidavits regarding the amount of costs and attorney fees. Appellants shall have 20 days thereafter to file opposing documents and affidavits. The amount of costs and fees shall be determined without oral argument.

AFFIRMED.

 *

This panel unanimously agress that this case is appropriate for submission without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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