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KENNY v. UNITED STATES

February 15, 1954

KENNY et al.
v.
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.

 Ordinary Expenses. 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, etc. 2,143.83 Printing, mimeographing, etc. 1,409.13

19540215

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