DELTA AIR LINES, INC. v. AUGUST

No. 79-814.

450 U.S. 346 (1981)

DELTA AIR LINES, INC. v. AUGUST.

Supreme Court of United States.

Decided March 9, 1981.


Attorney(s) appearing for the Case

E. Allan Kovar argued the cause for petitioner. With him on the briefs were Max G. Brittain, Jr., William H. Du Ross III, and Robert S. Harkey.

Susan Margaret Vance argued the cause for respondent. With her on the brief was Carole K. Bellows.

Elinor Hadley Stillman argued for the United States et al. as amici curiae urging affirmance. With her on the brief were Solicitor General McCree, Deputy Solicitor General Wallace, Leroy D. Clark, Joseph T. Eddins, and Lutz Alexander Prager.*


JUSTICE STEVENS delivered the opinion of the Court.

Pursuant to Rule 68 of the Federal Rules of Civil Procedure, if a plaintiff rejects a defendant's formal settlement offer, and if "the judgment finally obtained by the offeree is not more favorable than the offer," the plaintiff "must pay the costs incurred after the making of the offer."1 The narrow question presented by this case is whether...

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