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JOHNSON v. PACIFIC LIGHTING LAND CO.

No. 88-1635.

878 F.2d 297 (1989)

Norman R. JOHNSON; Louise C. Johnson; Freeman L. Vacher; Hilma I. Vacher; Fred W. Kamrath; Vera M. Kamrath; Gerda E. Klipfel; D. Clark Conder; Rhea G. Conder; Russell S. Braman; Mae O. Braman; William Ford Montgomery; Nellie Mae Montgomery; Ella M. Gerlinger; Albert M. Cann; Mary E. Cann; Crew Development Company, Inc., a California corporation, as representatives of citrus growers contracting with Blue Goose Growers, Inc., dba Yuma Citrus Co., during 1973-1978, Plaintiffs-Appellants, v. PACIFIC LIGHTING LAND COMPANY, a California corporation, formerly Blue Goose Growers, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 26, 1989.

Attorney(s) appearing for the Case

Richard D. Engler, Yuma, Ariz., for plaintiffs-appellants.

Stephen E. Richman, Phoenix, Ariz., for defendant-appellee.

Before BRUNETTI, KOZINSKI and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

This case of first impression involves the question of whether the costs of a letter of credit used to secure a supersedeas bond are properly taxable as costs of the appeal.

FACTS

In this class action the plaintiff class secured a trial verdict of over $4 million against the defendant Pacific Lighting Land Company (Pacific). The defendant appealed and obtained a supersedeas bond in the amount of $5.3 million. In order to obtain...

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