Conners Marine Co. v. Petterson Lighterage & Towing Corp.

In our opinion disposing of the merits we held the United States liable to the Petterson Company, not in the admiralty, but under the Tucker Act, § 41(20), Title 28, U.S.C.A., and the Petterson Company now asks for costs in this court under § 258, Title 28, U.S.C.A. That statute limits costs in a proceeding under the Tucker Act to the amounts “actually incurred for witnesses and for summoning the same and fees paid to the clerk of the court”; and the Fifth Circuit, in United States v. Jacobs, 63 F.2d 326, held that this language did not cover appeals, which remained subject to its local rule,…