[DOWNLOAD] "Baum v. United States" by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: Baum v. United States
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 08, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

This is an appeal from an order of the District Court for the Middle District of Florida denying plaintiff Baum's motion to review a prior order taxing costs to the plaintiff, which included the expense ($400) incurred by defendant Jacksonville Shipyards in presenting the testimony of three experts at the trial.1 The expense of the prevailing party's expert testimony cannot be taxed against the unsuccessful litigant in this case. Therefore plaintiff's motion should have been granted and the district court's order is reversed. Rule 54(d) states generally that ""costs shall be allowed as of course to the prevailing party"". This includes costs of subsistence and travel of witnesses within the 100-mile zone to which process extends. However, expert witness fees, above subsistence and travel, will not be taxed against the losing party. Dept. of Highways v. McWilliams Dredging Co., D.C.La., 1950, 10 F.R.D. 107, aff'd, 5 Cir., 187 F.2d 61. This rule applies with equal force where the United States is a party.

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