Oster v. Rubinstein

WEINFELD, District Judge.

Plaintiffs move to review the taxation by the Clerk of the Court of items of costs of the defendants. The controversy centers principally about the expense of a deposition taken of plaintiffs’ assignor by defendants’ decedent.

The costs were taxed following the dismissal of the action for lack of jurisdiction on the ground that the original defendant, now deceased, was a “stateless” person and therefore not subject to the alienage jurisdiction of this Court.1

In support of their motion the plaintiffs urge that since the requisite diversity of citizenship did not exist…