United States Second Circuit

In a motion for costs by the prevailing party in an appeal, the motion is denied where, while an award of costs to a prevailing party pursuant to Rule 39 is customary, the court retained discretion to deny costs when, in the exercise of its discretion, it determines taxation is not appropriate, and equitable considerations militated against taxing costs.

Appellate Information

• Decided 11/02/2009
• Published 11/02/2009

Judges

• PER CURIAM:, Before:  CABRANES and HALL, Circuit Judges, and STEIN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Frank W. Miller, The Law Firm of Frank W. Miller, East Syracuse, NY, for plaintiff-appellee., Catherine E. Stuckart, Binghamton, NY, for defendants-appellants.