American Automobile Ass'n v. Spiegel

RAYFIEL, District Judge.

The plaintiffs moved under Rule 41 (a) (2) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for the voluntary dismissal of this action. The defendant asks that the plaintiffs be required to pay him, in addition to the costs provided by section 1920, of Title 28 U.S.C., counsel fees in the sum of $15,000 and disbursements aggregating $1,904.68. The plaintiffs seek to limit the costs to those prescribed by statute. In fact they now claim that the voluntary dismissal was to be conditional upon such limitation. I disagree. It is the Court’s recollection that the…