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12-1581 - Robert Hoyt v. Michael Benham, et al


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12-1581 - Robert Hoyt v. Michael Benham, et al
February 8, 2016
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Filed opinion of the court by Judge Posner. The owners of the southern lot ask us to award them fees under Fed. R. App. P. 38 to compensate them for the cost of opposing Hoyt’s appeal, on the ground that the appeal is frivolous. But to be entitled to such fees they would have had to ask for them in a separate motion, Heinen v. Northrop Grumman Corp., 671 F.3d 669, 671 (7th Cir. 2012), which they failed to do. And so their motion for fees is DENIED and the judgment of the district court is AFFIRMED. Diane P. Wood, Chief Judge; Richard A. Posner, Circuit Judge and Frank H. Easterbrook, Circuit Judge. [6727062-1] [6727062] [12-1581]