B. B. Chemical Co. v. Cataract Chemical Co.

KNIGHT, District Judge.

The plaintiff excepts to the taxation of certain costs by the defendant, and also seeks to tax a bill of costs against the defendant. The Circuit Court of Appeals allowed costs to the defendant. Those were allowed to the party seeking review pursuant to Rule 29 of the Rules of the Second Circuit Court of Appeals. That court allowed costs as to a prevailing party.

Costs in an equity suit have long been within the discretion of the court. Section 4919, R.S. 35 U.S.C.A. § 67, does not make the imposition of costs obligatory. It has no application here except the inference…