COPPERWELD STEEL CO. v. DEMAG-MANNESMANN-BOHLER

Nos. 79-1799, 79-1800.

624 F.2d 7 (1980)

COPPERWELD STEEL COMPANY, Appellant in No. 79-1799, v. DEMAG-MANNESMANN-BOHLER, Demag Stranggiess-Technik GmbH, Demag Aktiengesellschaft, Appellants in No. 79-1800.

United States Court of Appeals, Third Circuit.

Decided May 28, 1980.


Attorney(s) appearing for the Case

David G. Ries (argued), John H. Bingler, Jr., John W. Eichleay, Jr., Thorp, Reed & Armstrong, Pittsburgh, Pa., for appellants.

G. Richard Gold (argued), Frank L. Seamans, William B. Mallin, William M. Flynn, Eckert, Seamans, Cherin & Mellott, Pittsburgh, Pa., for appellees.

Before ALDISERT, HUNTER and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

In 1915, well before the advent of the Federal Rules of Civil Procedure and the liberal policy on awarding costs which they embody, this court held that "a rule of court, or a practice equivalent thereto, is needed to justify the taxation [of premiums paid for posting a bond]." The Texas, 226 F. 897, 905 (3d Cir.1915). However, the court also stated that "such a rule or practice has become so...

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