NUSOM v. COMH WOODBURN, INC.

No. 96-35632.

122 F.3d 830 (1997)

Steven R. NUSOM; Marianne Nusom, Plaintiffs-Appellants, v. COMH WOODBURN, INC., d/b/a Central Homes; Bonnie G. Tornow; Shirley Ann Robins; Phil Morgan; Colleen Souther; CIT Group/Sales Financing Inc.; Dave Eby, d/b/a Dave Eby Co.; Fleetwood Homes Of Oregon Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 26, 1997.


Attorney(s) appearing for the Case

Patricia Ferrell-French, West Linn, OR, for plaintiffs-appellants.

Lee M. Hess, Becker, Hunt & Hess, Portland, OR, for defendant-appellee CIT Group-Sales Financing, Inc.

Walter F. Brown, Lake Oswego, OR, for amicus curiae Oregon Consumer League.

Before GOODWIN, REINHARDT, and RYMER, Circuit Judges.


RYMER, Circuit Judge.

We must decide whether a plaintiff waives a statutory entitlement to seek attorney fees under the Truth in Lending Act (TILA), 15 U.S.C. § 1640, and Oregon's civil racketeering statute, Or.Rev.Stat. § 166.725(14) (ORICO) — both of which make attorney fees an item to be awarded separate from costs—by accepting an offer of judgment under Federal Rule of Civil Procedure 68 for "...

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