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JOHNSTON v. PENROD DRILLING CO.

No. 85-3697.

803 F.2d 867 (1986)

Gary P. JOHNSTON, Plaintiff-Appellant, v. PENROD DRILLING COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 5, 1986.

Attorney(s) appearing for the Case

Camilo K. Salas, III, Sessions, Fishman, Rosenson, Boisfontaine, Nathan & Winn, New Orleans, La., for Gary P. Johnston.

S. Daniel Meeks, Hebert & Abbott, New Orleans, La., for Penrod Drilling Co.

Before WISDOM, DAVIS and JONES, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Gary Johnston appeals from an amended final judgment imposing costs against him pursuant to Rule 68, F.R.C.P.1 Rule 68 provides that the plaintiff "must pay the costs incurred" after the defendant makes a formal offer of judgment if "the judgment finally obtained by the offeree is not more favorable than the offer."

The question presented on appeal is whether Rule 68 applies to an unapportioned joint...

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