35 Fair empl.prac.cas. 574, 30 Empl. Prac. Dec. P 33,116 Liberty Mutual Insurance Company, Etc. v. Equal Employment Opportunity Commission, and State of California Fair Employment and Housing Commission (Successor to State of California Fair Employment Practice Commission)

691 F.2d 438 35 Fair Empl.Prac.Cas. 574 , 30 Empl. Prac. Dec. P 33,116 LIBERTY MUTUAL INSURANCE COMPANY, etc., et al., Plaintiffs-Appellees, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, et al., Defendants, and State of California Fair Employment and Housing Commission (successor to defendant State of California Fair Employment Practice Commission), et al., Defendants-Appellants. No. 82-5005. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 7, 1982. Decided Oct. 26, 1982. Charles M. Kagay, Deputy Atty. Gen., San Francisco, Cal., argued, for defendants-appellants; Marian M. Johnston, Deputy Atty. Gen., San Francisco, Cal., on brief. S. Richard Pincus, Fox & Grove, Chicago, Ill., for plaintiffs-appellees. Appeal from the United States District Court for the Central District of California. Before ELY, GOODWIN and NELSON, Circuit Judges. NELSON, Circuit Judge: 1 The State of California Fair Employment Practice Commission appeals from the grant of a Fed.R.Civ.P. 60 motion striking its Fed.R.Civ.P. 68 costs award. It contends that the motion had to be brought under Fed.R.Civ.P. 59(e) and was therefore untimely. In the alternative, it contends that the district…