Rule 68

RULE 68

Nusom v. Comh Woodburn, Inc., 122 F.3d 830 (9th Cir. 1997)

The judgment did not clearly and unambiguously waive or limit attorneys’ fees as it wa

silent on the subject. A rule 68 offer for judgment in a specific sum together with costs, which is

silent as to attorneys’ fees, does not preclude the plaintiff from seeking attorneys’ fees when the

underlying statute does not make attorneys’ fees a part of costs. On remand, the district court was

required to consider the Nusoms’ fee request on the merits.