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GANDALL v. FIDELITY AND CASUALTY CO. OF NEW YORK

Civ. A. No. 6333.

158 F.Supp. 879 (1958)

Warren W. GANDALL, by Ray T. McCann, his guardian ad litem, and Marie Gandall, Plaintiffs, v. The FIDELITY AND CASUALTY CO. OF NEW YORK, a New York corporation, Henry C. Riedel, a sole trader, d/b/a Riedel Erecting Engineers, and C. W. Espen, Defendants.

United States District Court E. D. Wisconsin.

February 12, 1958.

Attorney(s) appearing for the Case

N. Paley Phillips, Milwaukee, Wis., Richard Dillon, C. Lawrence Elder, Tulsa, Okl., Ray T. McCann, Milwaukee, Wis., guardian ad litem for plaintiff Warren W. Gandall.

Bernard J. Hankin, Milwaukee, Wis., for defendants.

GRUBB, District Judge.

The case is before the court on plaintiffs' motion after verdict and judgment, for an order taxing the guardian ad litem fees as costs against the defendants.

The issue presented is whether the United States District Court for the Eastern District of Wisconsin, in a diversity action arising out of an auto accident in Illinois, may tax the fees of plaintiff's guardian ad litem as costs against the losing defendant. The federal rules and...

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