American Trucking Associations, Inc. v. Interstate Commerce Commission and the United States of America

ON MOTION TO TAX COSTS

Before RUBIN, RANDALL and TATE, Circuit Judges. ALVIN B. RUBIN, Circuit Judge:

Our previously announced opinion in this case, 659 F.2d 452, stated: “Costs are to be equally divided.” This pronouncement was Delphic rather than prescriptive, and some of the parties inquire properly into its meaning.. [1,2] Fed.R.App.P. 39(a) provides in part, “if a judgment is affirmed or reversed in part, ... costs shall be allowed only as ordered by the court,” rather than simply taxing costs according to the result as the prior part of the rule ordains. In appeals from agency decisions,…