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NATIONAL INFORMATION SERVICES, INC. v. TRW, INC.

Nos. 92-36886, 92-36915.

51 F.3d 1470 (1995)

NATIONAL INFORMATION SERVICES, INC., an Oregon corporation, Plaintiff-Appellee, v. TRW, INC., an Ohio corporation, Defendant, and Credit Bureau Reports, Inc., a Delaware corporation, Defendant-Appellant. NATIONAL INFORMATION SERVICES, INC., an Oregon corporation; Credit Data of Illinois, Inc., an Illinois corporation; Informative Research, Inc., a California corporation; CDB Infotek, a California corporation, Plaintiffs-Appellees, v. TRW, INC., an Ohio corporation; Credit Bureau Reports, Inc., a Delaware corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 11, 1995.

As Amended on Denial of Rehearing and Rehearing June 30, 1995.

Attorney(s) appearing for the Case

Robert Hayden Burns, Butler & Binion, Houston, TX, for defendant-appellant Credit Bureau Reports, Inc.

Thomas Demitrack and Robert H. Rawson, Jr., Jones, Day, Reavis & Pogue, Cleveland, OH, for defendant-appellant TRW, Inc.

Stephen F. Crew, O'Donnell, Ramis, Crew & Corrigan, Portland, OR, Eugene Crew, Townsend and Townsend Khourie and Crew, San Francisco, CA, for plaintiffs-appellees.

Before: SKOPIL, NORRIS and HALL, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc June 30, 1995.

CYNTHIA HOLCOMB HALL, Circuit Judge:

This case raises the question of when a district court may deny costs to a prevailing party. See Fed.R.Civ.P. 54(d)(1). The district court denied costs to the prevailing defendants on the ground that the plaintiffs brought their case in good faith and without vexatious purpose. We conclude that the district court abused its discretion.

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