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McCOY v. WEST

Civil Action Nos. 95-B-132, 95-B-2799.

965 F.Supp. 34 (1997)

Donald McCOY, Maryam Saffari-Parizi, and Wayne Dzingle, Plaintiffs, v. Togo WEST, Jr., the Secretary of the Army, The Department of the Army, and Stephen Kimball, Defendants.

United States District Court, D. Colorado.

June 5, 1997.

Attorney(s) appearing for the Case

Alison Ruttenberg, Denver, CO, for Plaintiff.

George A. Kokus, Denver, CO, for Defendant Kimball.

MEMORANDUM OPINION & ORDER

BABCOCK, District Judge.

All claims against Stephen Kimball were voluntarily dismissed by plaintiffs pursuant to my order of March 14, 1997. Kimball moves to strike the portion of my order that indicates the parties shall bear their own costs and attorney fees. Further, Kimball moves for attorney fees under Fed.R.Civ.P. 11 and Colo.Rev.Stat. § 13-17-101 et seq. For the following reasons, I will deny Kimball's motions....

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