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GOLDBERG v. PACIFIC INDEM. CO.

No. 09-16243.

627 F.3d 752 (2010)

Mark H. GOLDBERG, Sherry R. Goldberg, and The MH & SR Goldberg Family Trust by Mark H. Goldberg and Sherry R. Goldberg, as Trustees, Plaintiffs-Appellees, v. PACIFIC INDEMNITY COMPANY and Federal Insurance Company, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 6, 2010.

Attorney(s) appearing for the Case

David B. Goodwin , Covington & Burling LLP, San Francisco, CA, for the appellants and cross-appellees.

Robert M. Traylor , Seltzer, Caplan, McMahon, Vitek, San Diego, CA, for the appellees and cross-appellants.

Before: ARTHUR L. ALARCÓN and PAMELA ANN RYMER, Circuit Judges, and DAVID G. TRAGER, District Judge.

OPINION

TRAGER, District Judge:

Defendants Pacific Indemnity Co. and Federal Insurance Co. (collectively "defendants") appeal the district court's denial of their request for expert witness fees and double costs pursuant to Arizona Rule of Civil Procedure 68 ("Arizona Rule 68"). The district court found that Arizona Rule 68 did not apply because it conflicts with Federal Rule of Civil Procedure 68 ("Federal Rule 68"), under which defendants are not entitled...

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