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AMERICAN AUTOMOBILE ASSOCIATION v. SPIEGEL

Civ. 10516.

128 F.Supp. 794 (1955)

The AMERICAN AUTOMOBILE ASSOCIATION (Incorporated) and Automobile Club of New York, Inc., Plaintiffs, v. Murray SPIEGEL, doing business as Lake Service Station, Defendant.

United States District Court, E. D. New York.

February 15, 1955.

Attorney(s) appearing for the Case

Kissam & Halpin, New York City, for plaintiffs, James H. Halpin, New York City, of counsel.

Rubinton & Coleman, Brooklyn, N. Y., for defendant, Lester M. Rosenbloom, Brooklyn, N. Y., of counsel.

RAYFIEL, District Judge.

The plaintiffs moved under Rule 41 (a) (2) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for the voluntary dismissal of this action. The defendant asks that the plaintiffs be required to pay him, in addition to the costs provided by section 1920, of Title 28 U.S.C., counsel fees in the sum of $15,000 and disbursements aggregating $1,904.68. The plaintiffs seek to limit the costs to those prescribed by statute. In fact they now claim...

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