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BERNER v. BRITISH COMMONWEALTH PACIFIC AIRLINES, LTD.

No. 356, Docket 30162.

362 F.2d 799 (1966)

T. Roland BERNER and Arthur S. Lesser, Executors of the Estate of William Kapell, deceased, Plaintiffs-Appellants, v. BRITISH COMMONWEALTH PACIFIC AIRLINES, LTD., a Foreign Corp. and British Commonwealth Pacific Airlines, Ltd., now doing business as Qantas Empire Aviation, Ltd., a Foreign Corporation, Defendants-Respondents.

United States Court of Appeals Second Circuit.

Decided June 20, 1966.

Attorney(s) appearing for the Case

Sidney Bender, New York City (T. Roland Berner, New York City, on the brief), for plaintiffs-appellants.

Austin P. Magner, New York City (George N. Tompkins, Jr., Condon & Forsyth, New York City, on the brief), for defendants-respondents.

Before LUMBARD, Chief Judge, and MOORE and FEINBERG, Circuit Judges.

PER CURIAM:

Plaintiffs appeal from a judgment entered in the District Court for the Southern District of New York taxing them for costs in favor of defendants for $5,312.50. Plaintiffs also request reconsideration and reversal of the taxation of $2,428.75 as costs entered by this court against them as the losing party upon a previous appeal. We find that the district court did not abuse its discretion in charging these costs to the losing party and we therefore affirm...

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