Petty Motor Co. v. United States

Justice White, with whom The Chief Justice joins,

dissenting.

In this case the United States Court of Appeals for the Tenth Circuit held that as a matter of federal law a United States Marshal’s conducting a judicial foreclosure sale constitutes “seizing *1057or levying” within the meaning of 28 U. S. C. § 1921.* As the Government concedes, this decision conflicts with the decisions of three Courts of Appeals that have held that costs could not be taxed under §1921 in cases involving judicial foreclosure sales. See Travelers Insurance Co. v. Lawrence, 509 F. 2d 83 (CA9 1974); James T. Barnes & Co.…