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FAUBER v. KEM TRANSP. AND EQUIPMENT CO., INC.

Nos. 88-5729, 88-5765.

876 F.2d 327 (1989)

Claude R. FAUBER, Jr., Administrator of the Estate of Bryan D. Fauber, Deceased, v. KEM TRANSPORTATION AND EQUIPMENT COMPANY, INC., James E. Pfautz, Hudson Trailer and Truck Rental Company, Gek Rentals, Hughes Printing Company, a Division of Monroe Printing Company, and Pennsylvania Power and Light Company (Third Party Plaintiff) v. The BOROUGH OF EAST STROUDSBURG, Third Party Defendant. Appeal of HUGHES PRINTING COMPANY, A DIVISION OF MONROE PRINTING COMPANY.

United States Court of Appeals, Third Circuit.

Decided May 31, 1989.

As Amended August 21, 1989.

Attorney(s) appearing for the Case

Joseph P. Lenahan (argued), Lenahan & Dempsey, P.C., Scranton, Pa., for appellant.

Terrence R. Nealon (argued), Thomas J. Foley, Jr. and Associates, P.C., Scranton, Pa., for appellee Claude R. Fauber, Jr., Administrator of the estate of Bryan D. Fauber, deceased.

Before HUTCHINSON, SCIRICA and NYGAARD, Circuit Judges.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

I.

Hughes Printing Company (Hughes) appeals from two orders of the United States District Court for the Middle District of Pennsylvania.1 The first, dated September 1, 1988, imposed all taxable costs on Hughes and released the other defendants from the taxation of costs.2 The second, dated September 21, 1988, granted plaintiff/appellee Claude...

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