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LANG v. GATES

No. 93-55185.

36 F.3d 73 (1994)

Cheri LANG; Henry Lang; Lillian D'Antignac, Plaintiffs, and Yagman & Yagman, P.C., Real-Party-in-Interest-Appellant, v. Daryl F. GATES, Chief of Police; Reva Tooley; Robert Talcott; Herbert F. Boeckmann, II, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 19, 1994.

Attorney(s) appearing for the Case

Stephen Yagman, Yagman & Yagman, Venice, CA, for real-party-in-interest-appellant.

Lisa S. Berger, Deputy City Atty., Los Angeles, CA, for defendants-appellees.

Before O'SCANNLAIN and T.G. NELSON, Circuit Judges; MERHIGE, District Judge.

O'SCANNLAIN, Circuit Judge:

We must decide whether a plaintiff who first rejects a settlement offer may recover postoffer attorney's fees when he later accepts the same offer.

I

In August 1988, Los Angeles police conducted a raid of Cheri and Henry Lang's South Central Los Angeles home. In response, the Langs filed suit against Los Angeles Police Chief Daryl Gates, the City of Los Angeles, and various individual Los Angeles police officers, city...

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