Unpublished Disposition, 917 F.2d 566 (9th Cir. 1985)

No. 89-55795.

United States Court of Appeals, Ninth Circuit.

Before BEEZER and TROTT, Circuit Judges, and CROCKER,^* Senior District Judge.

MEMORANDUM^** 

The finding of the District Court that appellant voluntarily terminated her employment on December 17, 1985, and therefore her medical benefits terminated on that date is not clearly erroneous because appellant testified: "... I left Century in December ..." (Transcript, Vol. I, p. 114:24) Also, when asked on cross examination, " [i]sn't it true that all claims submitted after December 17 ... you signed the employer's portion of the claim?" appellant responded, " [w]hen I left work on that day in December ... I just made several Xeroxes of the same form." (Vol. I, p. 136:10-16)

Appellant admitted that she had signed the employer's portion of the claims. (Vol. I, p. 137:10)

The issue of trial and appellate attorney's fees is not before us, as appellant failed to properly file a motion to have the amount determined by the District Court, and did not file a separate notice of appeal concerning attorney's fees. Culinary & Service Union v. Hawaii Employee Benefit, 688 F.2d 1228, 1232 (9th Cir. 1982).

Appellant also failed to comply with the Ninth Circuit Court of Appeals Rule 28-2.3 concerning appellate attorney's fees.

AFFIRMED.