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McWILLIAMS DREDGING CO. v. DEPARTMENT OF HIGHWAYS

No. 13331.

187 F.2d 61 (1951)

McWILLIAMS DREDGING CO. et al. v. DEPARTMENT OF HIGHWAYS OF LOUISIANA.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 9, 1951.

Attorney(s) appearing for the Case

Eberhard P. Deutsch, Robert E. Leake, Jr., New Orleans, La., for appellants.

D. Ross Banister, Dept. of Highways, Joseph A. Loret, Dept. of Highways, Baton Rouge, La., for appellee.

Before HUTCHESON, Chief Judge, and McCORD and RUSSELL, Circuit Judges.

HUTCHESON, Chief Judge.

Appealing from an order taxing costs, appellants are here insisting that it should be reversed.

Invoking the general rule that an appeal does not lie from a decree solely for costs,1 appellee insists that the appeal should be dismissed as one merely involving discretion, and, in the alternative, that if appealable, the order should be affirmed.

Since the refusal below to tax most of the items was...

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