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CHICAGO COL. OF OSTEO. MED. v. GEORGE A. FULLER CO.

No. 85-2814.

801 F.2d 908 (1986)

CHICAGO COLLEGE OF OSTEOPATHIC MEDICINE, Plaintiff, v. GEORGE A. FULLER COMPANY, Defendant, Third-Party Plaintiff-Appellant, v. SCHMIDT, GARDEN & ERICKSON, Third-Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 12, 1986.

Attorney(s) appearing for the Case

Robert E. Kehoe, Jr., Chicago, Ill., for defendant, third-party plaintiff-appellant.

John R. Doyle, McDermott Will & Emery, Chicago, Ill., for third-party defendant-appellee.

Before POSNER and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

POSNER, Circuit Judge.

The principal question for decision is whether the fee of an expert witness, other than one appointed by the court, can be taxed under 28 U.S.C. § 1920 as a cost of suit to the winning party (meaning, of course, that the losing party has to pay for it), upon a finding that the witness was necessary to the winner's case. We held some years ago that it cannot be, but a dictum in a subsequent case places the authority of our holding under...

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