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Sebastian International Inc. v. Sarnella

** submitted pasadena california: April 6, 1993.

SEBASTIAN INTERNATIONAL, INC., PETITIONER-APPELLANT,
v.
LORI SARNELLA, D/B/A SEBASTIAN OF COLORADO AND WYOMING, RESPONDENT-APPELLEE.



Appeal from the United States District Court for the Central District of California. D.C. No. CV-91-2717-WMB. William Matthew Byrne, Jr., District Judge, Presiding

Before: Wallace, Chief Judge, O'scannlain and Fernandez, Circuit Judges.

MEMORANDUM

Sebastian International, Inc. (Sebastian) appeals the district court's order affirming an arbitration award in favor of Lori Sarnella dba Sebastian of Colorado and Wyoming.

We have carefully reviewed the record and the district court's decision, and we affirm for the reasons set forth in the district court's order of December 16, 1991.

Sarnella has requested an award of attorney fees, double costs, and additional interest pursuant to Fed. R. App. P. 38 on grounds that Sebastian has brought a frivolous appeal. Sebastian's arguments have not prevailed, but the result in this case was not entirely obvious and the arguments were not wholly lacking in merit. See McCarthy v. Mayo, 827 F.2d 1310, 1318 (9th Cir. 1987). We deny the request for sanctions.

AFFIRMED.

19930406

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