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MORGAN v. KIGHT

Civ. No. 564.

294 F.Supp. 40 (1968)

Frederick O. MORGAN and Gloria H. Morgan, Plaintiffs, v. Enoch L. KIGHT, Defendant.

United States District Court E. D. North Carolina, Elizabeth City Division.

November 25, 1968.

Attorney(s) appearing for the Case

John H. Hall, John H. Hall, Jr., Elizabeth City, N. C., W. W. Jones, Suffolk, Va., for plaintiffs.

Charles C. Shaw, Jr., Elizabeth City, N. C., for defendant.

MEMORANDUM OPINION

KELLAM, District Judge (under designation).

Plaintiffs move the Court for an allowance of expert witness fees for Dr. Donald S. Howell of Suffolk, Virginia, and Dr. Thomas P. Nash of Elizabeth City, North Carolina, who appeared and testified in this case. Defendant opposes such motion. Hence, the issue presented is whether the Court can and should make allowance of expert witness fees to be taxed as a part of the cost of the unsuccessful...

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