Johnson v. Pacific Lighting Land Co.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
NOONAN, Circuit Judge:
This case of first impression involves the question of whether the costs of a letter of credit used to secure a supersedeas bond are properly taxable as costs of the appeal.
FACTS
In this class action the plaintiff class secured a trial verdict of over $4 million against the defendant Pacific Lighting Land Company (Pacific). The defendant appealed and obtained a supersedeas bond in the amount of $5.3 million. In order to obtain the bond Pacific was required by the bonding company to obtain a letter of credit as security. Pacific paid premiums on the bond and costs for the…
2Cases cited5 opinions
- Crawford Fitting Co. v. J. T. Gibbons, Inc.Supreme Court of the United States · 1987
- Farmer v. Arabian American Oil Co.Supreme Court of the United States · 1964
- Jackie Collins Lerman, Plaintiff-Appellant-Cross-Appellee v. Flynt Distributing Co., Inc., Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1986
- Bose Corporation v. Consumers Union of U.S., Inc.Court of Appeals for the First Circuit · 1986
- Norman R. Johnson and Louise C. Johnson, Plaintiffs-Appellees/cross v. Pacific Lighting Land Company, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1987
3Cited by6 opinions
- In Re Glacier BayDistrict Court, D. Alaska · 1990
- United Southern Bank v. Bank of ManteeMississippi Supreme Court · 1996
- Record Club of America, Inc. v. United Artists Records, Inc.District Court, S.D. New York · 1990
- Dana Corporation v. Ipc Limited Partnership, and International Packings CorporationCourt of Appeals for the Federal Circuit · 1991
- Johnson v. Pacific Lighting Land CompanyCourt of Appeals for the Ninth Circuit · 1989
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