Federal Deposit Ins. v. Fruit Growers Service Co.

SCHWELLENBACH, District Judge.

Defendants moved to re-tax costs by eliminating therefrom certain witness fees and the cost of taking the deposition of R. D. McCornack. While the amounts involved are not large, the implications involved in the motion are such as would justify a statement of the facts,

This is an action on a promissory note. The answer admitted the execution of the note but put in issue the allegations of several paragraphs in the Complaint. The answer set forth affirmatively a claim of set-off in which a rather complicated business transaction between the parties was pleaded.…