UNITED STATES DISTRICT COURT, DISTRICT OF NEW JERSEY
February 15, 1954
KENNY et al.
UNITED STATES et al.
The opinion of the court was delivered by: SMITH
This is a civil action under Sections 2321 to 2325, inclusive, of Title 28 U.S.C., 28 U.S.C.A. §§ 2321 to 2325. The opinion of the full court, reported in D.C., 103 F.Supp., at page 971, et seq., was filed herein and final judgment and decree was entered thereon. There was no appeal taken.
The action is before this Court at this time on a motion for the assessment and taxation of costs, filed by the defendant Hudson & Manhattan Railroad Company pursuant to Rule 54(d) of the Federal Rules of Civil Procedure, 28 U.S.C.A. The right of the said defendant to costs is challenged by the plaintiffs. We had some doubt as to our jurisdiction to entertain the present motion without convening the full court of three judges. The doubt appears to be resolved by the opinion of the Supreme Court in the case of Public Service Commission of Missouri v. Brashear Freight Lines, 312 U.S. 621, 61 S. Ct. 784, 85 L. Ed. 1083. The cited case is apposite.
The verified bill of costs filed by the defendant asserts a claim for costs in the total amount of $ 51,012.54. The itemized costs here claimed may be characterized, for the purpose of discussion, as: first, the ordinary expenses, such as fees and disbursements, the taxation of which is authorized by statute; and second, the extraordinary expenses incurred in defense of the action. We shall consider each of these separately.
The ordinary expenses here claimed include the following items:
Attorney's docket fee $ 20.00
Exemplification and copies of
papers, etc. 16.50
Fees for stenographic transcript,
Printing, mimeographing, etc. 1,409.13
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