United States Second Circuit

In defendant's appeal from the district court's order taxing to defendant, under Fed. R. App. P. 39(e), plaintiff's costs of obtaining a letter of credit to secure the judgment on appeal, the order is affirmed where the court of appeals' order awarding costs to plaintiff without limitation pursuant to Rule 39(a)(4) entitled plaintiff to seek from the district court any and all permissible items of appellate costs properly taxed by that court pursuant to Rule 39(e).

Appellate Information

• Argued 12/07/2009
• Decided 06/02/2010
• Published 06/02/2010

Judges

• DEBRA ANN LIVINGSTON, Circuit Judge:, Before KATZMANN and LIVINGSTON, Circuit Judges, and STANTON, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Howard J. Rubinroit, Sidley Austin LLP, Los Angeles, CA (Bridget S. Johnson, John J. Kuster, Martin B. Jackson, Nicholas K. Lagemann, on the brief), for Defendant-Counterclaimant-Appellant., Joseph F. Wayland, Simpson Thacher & Bartlett LLP, New York, N.Y. (David J. Woll on the brief), for Plaintiff-Counter-Defendant-Appellee.