Hurst v. United States

MEMORANDUM OPINION

DONALD J. PORTER, Chief Judge.

Plaintiffs filed a motion on April 4, 1988 to compel defendants to pay the expert witness fees of Dr. Daryl Simons in connection with a deposition taken by defendants on January 8, 1988. Defendants have responded that they sufficiently paid Dr. Simons by tendering $125 for the costs of the deposition. This Court grants in part and denies in part plaintiffs’ motion.

I. FACTS

Plaintiffs Dennis and Joyce Hurst had their land near Murdo, South Dakota flooded by the White River during March and April of 1986. The Hursts filed this action on April 17,…