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U.S. v. TRIDENT SEAFOODS CORP.

Nos. 94-35989, 95-35074.

92 F.3d 855 (1996)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. TRIDENT SEAFOODS CORPORATION, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 7, 1996.

Attorney(s) appearing for the Case

Lois J. Schiffer, Assistant Attorney General, Lisa E. Jones, United States Department of Justice, Washington, D.C., for plaintiff-appellee-cross-appellant.

Ralph H. Palumbo, Heller, Ehrman, White & McAuliffe, Seattle, Washington, for defendant-appellant-cross-appellee.

Daniel T. Fitzpatrick, Pacific Legal Foundation, Sacramento, California, for amicus curiae.

Before WRIGHT, PREGERSON and TASHIMA, Circuit Judges.

TASHIMA, Circuit Judge:

The United States brought an action against Trident Seafoods Corporation (Trident) for violating the Clean Air Act. Trident made an offer of judgment before trial, which the United States rejected. Because the offer of judgment exceeded the final judgment, Trident moved for an award of attorneys' fees and costs pursuant to Fed. R.Civ.P. 68. The district court denied Trident an award of fees, but granted an award of costs. Trident appeals the...

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