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ZACKAROFF v. KOCH TRANSFER CO.

Nos. 88-3097, 88-3133.

862 F.2d 1263 (1988)

Peter T. ZACKAROFF, Plaintiff-Appellee, Cross-Appellant, v. KOCH TRANSFER COMPANY, Steven Steidinger, and Moran & Carroll, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 7, 1988.

Attorney(s) appearing for the Case

Andrew J. Michaels, Michaels & McGown, Akron, Ohio, Dale A. Bernard, argued, Ulmer & Berne, Cleveland, Ohio, for Peter T. Zackaroff.

John A. Neville, Roy A. Hulme, argued, Reminger & Reminger Co., Cleveland, Ohio, for defendants-appellants, cross-appellees.

Before KEITH, GUY and RYAN, Circuit Judges.

RALPH B. GUY, Jr., Circuit Judge.

This appeal challenges the district court's ruling on post-trial motions for costs filed by both the plaintiff and by the defendants. Plaintiff had been awarded a money judgment by a jury in this wrongful death action but the judgment was less in amount than had been offered by the defendants prior to trial pursuant to Fed.R.Civ.P. 68. The district court concluded that attorney fees were not awardable costs to the defendants under...

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