ROBERTS v. SWAIN

No. COA99-25.

521 S.E.2d 493 (1999)

Douglas D. ROBERTS, Plaintiff-Appellee, v. Carroll E. SWAIN, Jr., J.B. McCracken and Alana M. Ennis, Defendants-Appellants.

Court of Appeals of North Carolina.

November 16, 1999.


Attorney(s) appearing for the Case

Michael F. Easley, Attorney General, by Bruce S. Ambrose, Harold F. Askins, Isaac T. Avery III, Christine Ryan, and Reuben Young, for the State.

Ronald W. Merritt, Chapel Hill, for the plaintiff-appellee.


WYNN, Judge.

N.C. Gen.Stat. § 1A-1, Rule 68 provides that a plaintiff who rejects a defendant's offer of judgment must bear the costs and attorney fees incurred after the offer of judgment if the "judgment finally obtained" is less favorable than the offer of judgment. The plaintiff in this case contends that attorney's fees awarded under 42 U.S.C. § 1988 are subject to this cost-shifting provision. Because we find that the "judgment finally obtained" in...

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