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SUN SHIP, INC. v. LEHMAN

No. 80-1679.

655 F.2d 1311 (1981)

SUN SHIP, INC., et al. v. John LEHMAN, Secretary of the Navy, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 19, 1981.

Attorney(s) appearing for the Case

Kenneth M. Raisler, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., and Royce C. Lamberth, Asst. U. S. Atty., Washington, D. C., were on the brief for appellants. John A. Terry, Asst. U. S. Atty., Washington, D. C., also entered an appearance for appellants.

E. Sanderson Hoe, Washington, D. C., with whom Herbert L. Fenster, Michael T. Kavanaugh, Gerald P. Norton, Murray J. Belman and Gilbert E. Geldon, Washington, D. C., were on the brief for appellees.

Before TAMM, Circuit Judge, THORNBERRY, Senior Circuit Judge for the Fifth Circuit, and WILKEY, Circuit Judge.

WILKEY, Circuit Judge:

In defending this suit on the merits, appellant Secretary of the Navy prevailed not once, but three times — first, on a motion for a temporary restraining order; second, on a motion for a preliminary injunction; and finally, on a dispositive motion for summary judgment. Fed.R.Civ.P. 54(d) embodies the presumption that prevailing parties will recover their costs "as a matter of course;"1 28 U.S.C. § 1920...

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