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Spaid to reimburse respondent for 5 hours of Ms. Zusi’s time and
5 hours of Ms. Moe’s time.
On August 23 through November 9, 2001, November 13-28, 2001,
and January 18-29, 2002, Ms. Zusi prepared respondent’s original
posttrial brief and reply brief, which were reviewed by Ms. Moe.
Ms. Zusi alleges she spent 62 hours on frivolous issues, and that
Ms. Moe spent 5.75 hours reviewing and conferring with Ms. Zusi
on the frivolous issues. We do not order Ms. Spaid to reimburse
respondent for any of the time spent by Ms. Zusi and Ms. Moe in
preparing respondent’s posttrial and reply briefs. By this time,
the “Delpit”, “Scar”, and “Agency” arguments had clearly been
established as frivolous, petitioner had conceded the sham trust
issue, respondent’s briefs make only a passing reference to the
frivolous arguments, and, in any event, the time alleged to have
been spent on the frivolous arguments appears to be excessive.
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