David Radford Murphy v. L & J Press Corporation

HEANEY, Circuit Judge.

This appeal involves a dispute as to the proper taxation of appellate costs in the District Court. F.R.A.P. 39(e). 1 The principal item in dispute is the cost of preparing the trial transcript.

I

The story begins with this Court’s opinion in Murphy v. L & J Press Corp., 558 F.2d 407 (8th Cir. 1977), cert. denied, 434 U.S. 1025, 98 S.Ct. 751, 54 L.Ed.2d 772 (1978). That opinion reversed a jury verdict for the appellee and remanded for a new trial. After issuance of the opinion, both the appellee and the appellant learned that a transcript of the lengthy trial court…