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LIBERTY MUT. INS. CO. v. E. E. O. C.

No. 82-5005.

691 F.2d 438 (1982)

LIBERTY MUTUAL INSURANCE COMPANY, etc., et al., Plaintiffs-Appellees, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, et al., Defendants, and State of California Fair Employment and Housing Commission (successor to defendant State of California Fair Employment Practice Commission), et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 26, 1982.

Attorney(s) appearing for the Case

Charles M. Kagay, Deputy Atty. Gen., San Francisco, Cal., argued, for defendants-appellants; Marian M. Johnston, Deputy Atty. Gen., San Francisco, Cal., on brief.

S. Richard Pincus, Fox & Grove, Chicago, Ill., for plaintiffs-appellees.

Before ELY, GOODWIN and NELSON, Circuit Judges.

NELSON, Circuit Judge:

The State of California Fair Employment Practice Commission appeals from the grant of a Fed.R.Civ.P. 60 motion striking its Fed.R.Civ.P. 68 costs award. It contends that the motion had to be brought under Fed.R.Civ.P. 59(e) and was therefore untimely. In the alternative, it contends that the district court was required to award costs. We hold that the motion was correctly brought under Rule 60 and that the district court erred in granting that...

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