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UNITED STATES v. POLING RUSSELL

No. 198, Docket No. 22967.

212 F.2d 184 (1954)

UNITED STATES v. POLING RUSSELL, Inc. THE DOVER. THE POLING BROS. No. 12.

United States Court of Appeals, Second Circuit.

Decided April 29, 1954.

Attorney(s) appearing for the Case

Morton Hollander, Atty., Dept. of Justice, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., and Leavenworth Colby, Atty., Dept. of Justice, Washington, D. C., and J. Edward Lumbard, U. S. Atty., New York City, on the brief), for libellant-appellant.

Sidney A. Schwartz, New York City (Alexander & Ash and Edward Ash, New York City, on the brief), for Poling Russell, Inc., respondent-appellee.

Before CLARK, HINCKS, and HARLAN, Circuit Judges.

PER CURIAM.

As a part of its governmental immunity the United States as a litigant cannot be held for costs in the absence of an authorizing statute. United States v. Chemical Foundation, 272 U.S. 1, 20, 47 S.Ct. 1, 71 L.Ed. 131; United States v. Worley, 281 U.S. 339, 344, 50 S.Ct. 291, 74 L.Ed. 887; 28 U.S.C. § 2412(a). This principle is directly applicable to prevent allowance of costs to a defendant...

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