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CHAMPION PRODUCE, INC. v. RUBY ROBINSON CO., INC.

Nos. 01-35887, 01-35893.

342 F.3d 1016 (2003)

CHAMPION PRODUCE, INCORPORATED, an Idaho corporation, Plaintiff-Appellant, v. RUBY ROBINSON CO., INC., a corporation, Defendant-Appellee. Champion Produce, Incorporated, an Idaho corporation, Plaintiff-Appellee, v. Ruby Robinson Co., Inc., a corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2003.

Attorney(s) appearing for the Case

Terry C. Copple and Terri R. Yost, Davison, Copple, Copple & Copple, Boise, Idaho, for the plaintiff-appellant/appellee.

Rex Blackburn, Evans & Keane, and Robert M. Andalman, III, Altheimer & Gray, Chicago, Illinois, for the defendant-appellee/appellant.

Before: STEPHEN REINHARDT, WILLIAM A. FLETCHER and RONALD M. GOULD, Circuit Judges.

Argued and Submitted March 6, 2003 — Seattle, Washington.

OPINION

WILLIAM A. FLETCHER, Circuit Judge.

The cross appeals in this diversity case arise out of a breach of contract. Each party appeals aspects of the district court's post-judgment order. We affirm. Among other things, we hold that the cost-shifting provision of Federal Rule of Civil Procedure 68 does not permit an award of post-offer attorneys' fees when the underlying state statute...

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