New Orleans Coal & Bisso Towboat Co. v. United States

Fifth Circuit

New Orleans Coal & Bisso Towboat Co. v. United States

89 F.2d 967, 1937 U.S. App. LEXIS 3645, 1937 A.M.C. 1052

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 30, 1937

DocketNo. 8055

StatusPublished

Cited by1 cases

This text of 89 F.2d 967 (New Orleans Coal & Bisso Towboat Co. v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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New Orleans Coal & Bisso Towboat Co. v. United States, 89 F.2d 967, 1937 U.S. App. LEXIS 3645, 1937 A.M.C. 1052 (5th Cir. 1937).

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Opinion

PER CURIAM.

In entering the judgment in this case, the allowance -of costs on appeal was inadvertently omitted. The court is of the opinion that appellants are entitled to recover their costs of appeal. Under provisions of our rule 31 (4), costs are not allowed for or against the United States. The other appellees should not be penalized in this respect.

It is therefore ordered that the judgment herein be amended by allowing costs of appeal to appellants to be taxed one-third against Louisiana National Bank of Baton Rouge, assignee of the Fluker Gravel Company and one-third against St. Paul Fire & Marine Insurance Company, intervener as subrogee of the United States. One-third of the costs of appeal to be not taxed at all.

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PER CURIAM.

In entering the judgment in this case, the allowance -of costs on appeal was inadvertently omitted. The court is of the opinion that appellants are entitled to recover their costs of appeal. Under provisions of our rule 31 (4), costs are not allowed for or against the United States. The other appellees should not be penalized in this respect.

It is therefore ordered that the judgment herein be amended by allowing costs of appeal to appellants to be taxed one-third against Louisiana National Bank of Baton Rouge, assignee of the Fluker Gravel Company and one-third against St. Paul Fire & Marine Insurance Company, intervener as subrogee of the United States. One-third of the costs of appeal to be not taxed at all.

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89 F.2d 967, 1937 U.S. App. LEXIS 3645, 1937 A.M.C. 1052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-orleans-coal-bisso-towboat-co-v-united-states-ca5-1937.

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