Howard Farmer v. Arabian American Oil Company

(with whom CLARK and HAYS, Circuit Judges, join) dissenting.

I dissent, both from the determination that Judge Weinfeld abused his discretion in fixing costs and from the holding that he had discretion to tax costs for travel over the “100-mile limit.” As a matter of judgment the judge taxing costs might have made larger allowances for photostats and transcript on both trials, because of the seriousness of the charges and the importance of the outcome to the parties. But the issues were not extraordinarily complicated nor the trial one of great length, the judge had the benefit of observation…