OSTER v. RUBINSTEIN


142 F.Supp. 620 (1956)

Harold M. OSTER and Donald U. Emmert, Plaintiffs, v. Stella RUBINSTEIN and Edward J. Ennis, as Executors of the Last Will and Testament of Serge Rubinstein, Deceased, Defendants.

United States District Court S. D. New York.

March 8, 1956.


Attorney(s) appearing for the Case

Parnell T. Callahan, New York City, for plaintiffs.

Edwin B. Wolchok, New York City, for defendants.


WEINFELD, District Judge.

Plaintiffs move to review the taxation by the Clerk of the Court of items of costs of the defendants. The controversy centers principally about the expense of a deposition taken of plaintiffs' assignor by defendants' decedent.

The costs were taxed following the dismissal of the action for lack of jurisdiction on the ground that the original defendant, now deceased, was a "stateless" person and therefore not subject to the alienage...

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