Ewing v. Gardner

Supreme Court

Ewing v. Gardner

341 U.S. 321, 71 S. Ct. 684, 95 L. Ed. 2d 968, 95 L. Ed. 968, 1951 U.S. LEXIS 1892

CourtSupreme Court of the United States

DecidedMay 7, 1951

Docket621

StatusPublished

Cited by30 cases

This text of 341 U.S. 321 (Ewing v. Gardner) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ewing v. Gardner, 341 U.S. 321, 71 S. Ct. 684, 95 L. Ed. 2d 968, 95 L. Ed. 968, 1951 U.S. LEXIS 1892 (1951).

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Opinion

Per Curiam.

The petition for writ of certiorari is granted. The sole question presented by the petition is the validity of the affirmance by the Court of Appeals of the judgment rendered against the petitioner for costs by the District Court. There being no express statutory authority for the allowance of costs to the respondent, such an award of costs is precluded by 28 U. S. C. § 2412 (a). The judgment of the Court of Appeals, insofar as it relates to the taxation of costs against the petitioner, is therefore reversed.

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Per Curiam.

The petition for writ of certiorari is granted. The sole question presented by the petition is the validity of the affirmance by the Court of Appeals of the judgment rendered against the petitioner for costs by the District Court. There being no express statutory authority for the allowance of costs to the respondent, such an award of costs is precluded by 28 U. S. C. § 2412 (a). The judgment of the Court of Appeals, insofar as it relates to the taxation of costs against the petitioner, is therefore reversed.

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222 F. Supp. 513 (S.D. Texas, 1963)

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222 F. Supp. 345 (E.D. Pennsylvania, 1963)

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288 F.2d 165 (D.C. Circuit, 1961)

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285 F.2d 833 (First Circuit, 1961)

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274 F.2d 803 (Fourth Circuit, 1960)

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Bluebook (online)

341 U.S. 321, 71 S. Ct. 684, 95 L. Ed. 2d 968, 95 L. Ed. 968, 1951 U.S. LEXIS 1892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ewing-v-gardner-scotus-1951.

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