Legal Opinion

Johnson v. Pacific Lighting Land Co.

Court of Appeals for the Ninth Circuit

Decided June 26, 1989No. 88-1635PublishedCited by 6 opinions

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

  1. Crawford Fitting Co. v. J. T. Gibbons, Inc.Supreme Court of the United States · 1987
  2. Farmer v. Arabian American Oil Co.Supreme Court of the United States · 1964
  3. Jackie Collins Lerman, Plaintiff-Appellant-Cross-Appellee v. Flynt Distributing Co., Inc., Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1986
  4. Bose Corporation v. Consumers Union of U.S., Inc.Court of Appeals for the First Circuit · 1986
  5. 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

  1. In Re Glacier BayDistrict Court, D. Alaska · 1990
  2. United Southern Bank v. Bank of ManteeMississippi Supreme Court · 1996
  3. Record Club of America, Inc. v. United Artists Records, Inc.District Court, S.D. New York · 1990
  4. Dana Corporation v. Ipc Limited Partnership, and International Packings CorporationCourt of Appeals for the Federal Circuit · 1991
  5. Johnson v. Pacific Lighting Land CompanyCourt of Appeals for the Ninth Circuit · 1989

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