SCOTTSDALE INS. CO. v. TOLLIVER

No. 09-5150.

636 F.3d 1273 (2011)

SCOTTSDALE INSURANCE COMPANY, Respondent-Appellee, v. Michael S. TOLLIVER and Sandra L. Tolliver, Petitioners-Appellants.

United States Court of Appeals, Tenth Circuit.

February 24, 2011.


Attorney(s) appearing for the Case

Brian E. Dittrich , Dittrich Law Firm, Tulsa, OK, for Petitioners-Appellants.

James E. Weger ( C. Michael Copeland , Tadd J.P. Bogan , Adam J. Strange , with him on the briefs), Jones, Gotcher & Bogan, Tulsa, OK, for Respondent-Appellee.

Before KELLY and GORSUCH, Circuit Judges, and MELGREN, District Judge.


MELGREN, District Judge.

In this diversity case, Defendants Sandra and Michael Tolliver appeal from the district court's order granting Plaintiff Scottsdale Insurance Company's Motion for Attorneys' Fees. The Tollivers contend that because the Oklahoma statute allowing such fees, Okla. Stat. tit. 12, § 1101.1, is procedural and because that statute is in conflict with the procedure of Rule 68 of the Federal Rules of Civil Procedure, the attorneys' fees awarded...

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