United States of America, Ex Rel., Plaintiff/appellee,mortgages, Inc., Qui Tam Plaintiff/appellant, v. Lawyers Title Insurance Corporation, a Virginia Corporation,defendant/appellee, 73 F.3d 371 (9th Cir. 1995)

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U.S. Court of Appeals for the Ninth Circuit - 73 F.3d 371 (9th Cir. 1995)

Argued and Submitted Nov. 15, 1995. Decided Dec. 15, 1995

Before: NORRIS, BEEZER, and TROTT, Circuit Judges.


At oral argument, counsel stipulated that qui tam plaintiff/appellant Mortgages, Inc. is not seeking to set aside the settlement agreements between the government and appellee. Mortgages, Inc. seeks only an award of attorneys' fees. Because the appellant's request for attorneys' fees is still pending before the district court, this appeal is interlocutory and we dismiss it for lack of appellate jurisdiction. See 28 U.S.C. § 1291.

We also hold that this appeal is frivolous; the result is obvious and appellant's arguments are wholly without merit. See In re Becraft, 885 F.2d 547, 548 (9th Cir. 1989) (citations omitted). We therefore ORDER counsel for appellant to pay double costs as a sanction for filing a frivolous appeal or to show cause, within thirty days of the filing of this order, why such a sanction would be unwarranted. See Fed. R. App. P. 38; Ninth Circuit General Orders Sec. 10.9.



This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3