Independent Productions Corp. & IPC Distributors, Inc. v. Loew's Inc.

McGOHEY, District Judge.

This is a motion by the unsuccessful plaintiff to re-tax costs.

This private antitrust action was dismissed without trial by Judge Sugarman for plaintiff’s failure to comply with a direction of the court. 24 F.R.D. 360. A notice of appeal and bond were filed on November 24, 1959. Costs in favor of *672the defendants were taxed by the clerk on December 29, 1959. On January 8, 1960, the plaintiff filed this motion,1 objecting to $2,217.24 of the amount taxed. The motion was argued on January 14, 1960. Thereafter, and before the decision of the motion, the appeal was docketed…