POPEIL BROTHERS, INC. v. SCHICK ELECTRIC, INC.

No. 74-1975.

516 F.2d 772 (1975)

POPEIL BROTHERS, INC., Plaintiff-Appellee, v. SCHICK ELECTRIC, INC., et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided May 6, 1975.


Attorney(s) appearing for the Case

Walther E. Wyss, John D. Dewey, Edward W. Osann, Jr., Chicago, Ill., Charles R. Miranda, Bridgeport, Conn., for defendants-appellants.

Melvin M. Goldenberg, Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, and CUMMINGS and SPRECHER, Circuit Judges.


SPRECHER, Circuit Judge.

The most significant issue presented by this appeal is whether the district court abused its discretion under Rule 54(d) of the Federal Rules of Civil Procedure by setting aside the taxing of costs in favor of the prevailing party against the unsuccessful party in a case where the judgment dismissing the complaint was silent as to costs and both parties acted in good faith in the prosecution and defense of the proceeding.

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