Court of Appeals for the Ninth Circuit December 17, 2008, No. 07-56068 (Hubbard v. Kayo Oil Co.)

MEMORANDUM **

Defendant-Appellant Kayo Oil Company (Kayo) appeals the district court’s denial of attorney fees following an award of summary judgment in favor of Kayo. As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition.

I.