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BAUM v. UNITED STATES

No. 29119 Summary Calendar.

432 F.2d 85 (1970)

Leo F. BAUM, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Third Party Plaintiff-Appellee, v. JACKSONVILLE SHIPYARDS, INC., Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 8, 1970.

Attorney(s) appearing for the Case

George J. O'Neill, Richter, Syken, Ross, Binder & O'Neill, Philadelphia, Pa., Tom B. Stewart, Evans & Stewart, Jacksonville, Fla., for appellant; Seymour I. Toll, Philadelphia, Pa., of counsel.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Thomas J. Boyle, Admiralty & Shipping Section, Ralph A. Fine, Atty., Morton Hollander, Chief, Appellate Section, U. S. Dept. of Justice, Washington, D. C., for the United States.

Charles Cook Howell, III, Jacksonville, Fla., for Jacksonville Shipyards.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

This is an appeal from an order of the District Court for the Middle District of Florida denying plaintiff Baum's motion to review a prior order taxing costs to the plaintiff, which included the expense ($400) incurred by defendant Jacksonville Shipyards in presenting the testimony of three experts at the trial.1 The expense of the prevailing party's expert testimony cannot be taxed against the unsuccessful litigant in this...

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