VOLKSWAGENWERK AKTIENGESELLSCHAFT v. CHURCH

No. 22071.

413 F.2d 1126 (1969)

VOLKSWAGENWERK AKTIENGESELLSCHAFT, Appellant, v. Douglas D. CHURCH, doing business as Modern Specialist, Appellee.

United States Court of Appeals Ninth Circuit.

July 1, 1969.


Attorney(s) appearing for the Case

Marcus Mattson (argued) and Leslie C. Tupper, of Lawler, Felix & Hall, Los Angeles, Cal., Herzfeld & Rubin, New York City, for appellant.

Robert N. Cleaves (argued), Los Angeles, Cal., for appellee.

Before DUNIWAY and ELY, Circuit Judges, and VON DER HEYDT, District Judge.


DUNIWAY, Circuit Judge:

Within the time prescribed by Rule 39(c) of the Federal Rules of Appellate Procedure, appellee, the successful party on appeal, filed its memorandum of costs on May 15, 1969. On May 28, 1969, appellant filed exceptions to the cost bill. Thereafter an affidavit in opposition to the exception was filed by appellee and a reply affidavit was filed by appellant. The material portions of the cost bill are as follows:

"The following costs...

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