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MARTIN v. U.S.

Nos. 90-2060, 90-3339.

931 F.2d 453 (1991)

Lee MARTIN, Executor of the Estate of Esther S. Martin and Trustee of the Esther S. Martin Living Trust, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 8, 1991.

Attorney(s) appearing for the Case

Scott A. Brainerd, Chicago, Ill., for plaintiff-appellee.

Mark Winer, Dept. of Justice, Tax Div., Washington, D.C., Andrew B. Baker, Jr., Asst. U.S. Atty., Hammond, Ind., Clifford D. Johnson, Asst. U.S. Atty., South Bend, Ind., Gary R. Allen, Murray S. Horwitz, Kenneth L. Greene, John A. Dudeck, Jr., Dept. of Justice, Tax Div., Appellate Section, Washington, D.C., for the U.S.

Before COFFEY, EASTERBROOK, and RIPPLE, Circuit Judges.

ON BILL OF COSTS

EASTERBROOK, Circuit Judge.

The rules governing the award of costs for the reproduction of briefs were written before word processing and in-house printing became widespread. Fed.R.App.P. 39(c) allows the prevailing party to recover the costs of "producing necessary copies of briefs"; Circuit Rule 39 likewise refers to the costs of "copies". The assumption behind both rules is that a litigant produces an "original" and files "copies". Whether...

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