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BROWN v. KINNICUTT

2 F.2d 263 (1924)

BROWN et al. v. KINNICUTT et al.

District Court, S. D. New York.

October 13, 1924.

Attorney(s) appearing for the Case

George H. Savage, of New York City, for the motion.

H. Preston Coursen, of New York City, opposed.

LEARNED HAND, District Judge.

The answer to the question put on this reargument is not easy. It depends, as the Appellate Division observed in Akely v. Kinnicutt, 208 App. Div. 491, 495, 203 N.Y.S. 741, upon whether each plaintiff is liable to a separate bill of costs, if defeated. That case is authority that in the state court he is, but it is not relevant here at all, if the Revised Statutes touch the matter, and, even if they do not, it controls only so far as...

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