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10th Cir 1st Cir 2d Cir 5th Cir abuse of discretion action adjudication affidavit alleged applied attorney attorney's fees bad faith cert Circuit citing Moore's citing Treatise claim for relief complaint Corp costs counsel counterclaim court of appeals cross-claim D.C. Cir damages decision default judgment defendant defendant's denial denied deposition determination and direction discussed disposing district court district court granted entitled entry of default entry of judgment evidence expenses F Supp failure favor filed final judgment forma pauperis genuine issue grant of summary granted summary judgment infra interlocutory interpleader issue of material judgment under Rule jurisdiction jury litigation material fact matter ment motion for summary moved for summary multiple claims multiple parties plaintiff pleadings prevailing party proceedings remanded res judicata reversed Rule 56 Serv2d statute subhead suit summary judgment motion supra Supreme Court taxed tion trial court United vacate witness