PEPSICO, INC. v. SWAN, INC.

No. 1219, Docket 82-7170.

720 F.2d 746 (1983)

PEPSICO, INC., Plaintiff-Appellant, v. SWAN, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 28, 1983.


Attorney(s) appearing for the Case

Scully, Scott, Murphy & Presser, Garden City, N.Y., for plaintiff-appellant.

Rosenman Colin Freund Lewis & Cohen, Steven S. Miller, New York City, Bruce J. Shaine, New York City, of counsel, for defendant-appellee.

Before KAUFMAN and WINTER, Circuit Judges and WARD, District Judge.


PER CURIAM:

Before us is a motion for costs pursuant to Fed.R.App.P. 39. Section (a) of the rule provides that "if a judgment is affirmed, costs shall be taxed against the appellant unless otherwise ordered". Section (c) directs that:

the cost of printing, or otherwise producing necessary copies of briefs, appendices, and copies of records authorized by Rule 30(f) shall be taxable in the court of appeals at rates...

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