The South Coast

N.D. California

The South Coast

7 F. Supp. 727, 1933 U.S. Dist. LEXIS 1897

CourtDistrict Court, N.D. California

DecidedOctober 12, 1933

DocketNo. 21347

StatusPublished

This text of 7 F. Supp. 727 (The South Coast) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The South Coast, 7 F. Supp. 727, 1933 U.S. Dist. LEXIS 1897 (N.D. Cal. 1933).

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Opinion

KERRIGAN, District Judge.

I believe that section 606 of 28 USCA applies to all matters published upon the order of a court and not exclusively to matters published in behalf of the government. Were the publication of the citation a proper item of costs against the contestants, it should be taxed at the rate fixed in said section. However, the publication of the citation is a cost of administration of the limitation proceedings and not a cost of its contest. Under the principles enunciated in I Benedict on Admiralty, p. 622, § 518, only the costs of contest are chargeable to the losing party contesting the right to limit liability.

It is ordered that the item “Publication of citation” be disallowed, and costs are hereby taxed at $93.76.

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KERRIGAN, District Judge.

I believe that section 606 of 28 USCA applies to all matters published upon the order of a court and not exclusively to matters published in behalf of the government. Were the publication of the citation a proper item of costs against the contestants, it should be taxed at the rate fixed in said section. However, the publication of the citation is a cost of administration of the limitation proceedings and not a cost of its contest. Under the principles enunciated in I Benedict on Admiralty, p. 622, § 518, only the costs of contest are chargeable to the losing party contesting the right to limit liability.

It is ordered that the item “Publication of citation” be disallowed, and costs are hereby taxed at $93.76.

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Bluebook (online)

7 F. Supp. 727, 1933 U.S. Dist. LEXIS 1897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-south-coast-cand-1933.